Limits on eminent domain up to voters

When voters go to the polls June 3, they'll have the chance to limit state and local government's eminent domain powers, essentially their ability to take private property.

But they'll have to choose how far those limits should go, if at all.

Dueling propositions 98 and 99 would each restrict eminent domain, but to varying degrees.

Proposition 98 would rule it out in all cases where government seeks to take private property for the benefit of "any private person or entity."

Governments could only seize private property for public uses, like roads, parks or water or sewer plant expansions.

Proposition 99, on the other hand, would allow governments to still use eminent domain to take businesses and rental properties. It would, like 98, ban the seizure of owner-occupied homes to turn them over to private entities.

City leaders in Lodi and Galt say the noisy debate over the initiatives is lost on them.

Both cities already have self-imposed bans on eminent domain

Whichever gets passed won't matter locally, said Jeff hood, city spokesman for Lodi.

"It would really have no affect on the city and redevelopment agency," Hood said. "We don't have (the authority to use) eminent domain."

Indeed, the Lodi City Council banned such use in 2006 prior to the city's push for a redevelopment district.

Galt Assistant City Manager Jason Behrmann noted his city has a similar ban.

Neither city has taken a formal stance on the propositions. But because both are a part of the League of California Cities — which has spearheaded Proposition 99 — Lodi and Galt are at least aligned with 99.

Behrmann noted he sees 99 as "a fair compromise" to eminent domain.

Proposition 98 was organized by the Howard Jarvis Taxpayers Association.

Jane Lea, a local activist and critic of Lodi's redevelopment plans, said she'd like to see 98 become law.

"If 98 gets passed, that would certainly relieve my concerns about eminent domain," Lea said.

She noted that future city councils could easily remove Lodi's self-imposed ban on eminent domain.

Lea said she wasn't surprised the League of California Cities backed Proposition 99.

"Of course, they don't want anything to impede their ability to take your property away," she added.

Contact reporter Chris Nichols at chrisn@lodinews.com.