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Register to Vote by May 19, 2008What is Eminent Domain?Local Propositions.


Register to Vote by May 19, 2008

VOTE WITH THE LEAGUE on June 3, 2008!

The LWVC Positions on June 2008 Ballot Measures

The June 3, 2008 ballot features two propositions on the subject of eminent domain. The first, Proposition 98, The California Property Owners and Farmland Protection Act, is similar to Proposition 90, which the LWVC opposed on the November 2006 ballot. However, it goes much farther in limiting the ability of public agencies to acquire land to provide water resources, to regulate land use, to protect natural resources, and even to continue rent control laws. The League OPPOSES Proposition 98, and has signed the ballot argument against the measure.

The second, Proposition 99, The Homeowners Protection Act, simply addresses a recent U.S. Supreme Court decision by clarifying that single-family occupied properties may not be condemned for transfer to other private parties. It reinforces the right of local governments and others to regulate land use and to acquire property for valid government purposes. The League SUPPORTS Proposition 99, and signed the ballot argument in favor of the measure. For more information visit our Web site.

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What is Eminent Domain?

State and local governments buy property for public uses such as roads, schools or parks, or to promote public goals like affordable housing or economic development. Government usually buys property from willing sellers.

But, when an owner does not want to sell, the law gives state and local governments the power (called "eminent domain") to take private property for public use as long as the owner is paid a fair price.

The government usually builds these public projects. Sometimes, however, the government transfers this property to a private developer or a nonprofit organization to do the building instead.

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Local Propositions

City of Carlsbad

Prop D
Shall the proposed City Charter of the City of Carlsbad be adopted? League SUPPORTS Prop D.

City of Encinitas

Prop F
Shall an ordinance be approved to amend Section 3.12.030 of the Encinitas Municipal Code to require guests of short term rental units [30 days or less] to pay 8% of the rent charged as a transient occupancy tax effective January 1, 2009? Requires 50% of the votes.

Prop G

Shall an ordinance be approved to amend Section 3.12.030 of the Encinitas Municipal Code to require guests of short term rental units [30 days or less] to pay 2% of the rent charged as a special transient occupancy tax for beach sand replenishment and stablization projects effective January 1, 2009? Requires 2/3's votes.

Oceanside Unified School District

Prop H
School Modernization, Safety, and Technology Measure To improve learning, assure local students access to comparable, modern classrooms, facilities and technology, shall Oceanside Unified School District issues $195 million in bonds to replace deteriorated plumbing/ sewer/roofing systems; renovate students restrooms; improve school/playground safety/security; upggrade or replace outdated electrical, heating/ventilation systems, and aging portable classrooms; at legal interest rates, with mandatory audits, independent citizens' oversight, no money for administrators' salaries and NO estimated tax rate increase? Requires 55% vote.

Comments, suggestions, questions? Contact our webmaster. Last revised: June 19, 2008 19:57 PDT.

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