'Simple' bill fights power to seize home

http://www.contracostatimes.com/mld/cctimes/news/13847816.htm?source=rss&channel=cctimes_news

By Bonita Brewer
CONTRA COSTA TIMES

Walnut Creek resident Mary Phelps has high hopes for yet another state ballot initiative to eliminate the government's power to force owners to sell property for redevelopment.

Phelps is Contra Costa County's organizer for "The People's Initiative," which she says is an alternative to three other, more drastic and/or confusing initiatives aimed at curbing eminent domain.

"I think we can get ours passed, because it's so simple -- 'No eminent domain for private gain,'" said Phelps, who lives near the Pleasant Hill BART station. That's where she fears redevelopment will expand, despite legal restrictions and Contra Costa County's assurances to the contrary.

"I have high hopes for this one," Phelps said of her group's initiative. "We're not against houses being taken through eminent domain for a higher and better public use (such as roads or schools), but we don't want to have to deal with developers when they have the strong arm of government on their side."

Three other initiatives have been proposed for November's ballot that, like the California Eminent Domain Limitations Act backed by Phelps, would allow continued use of eminent domain for public purposes but would forbid seized property from being turned over to for-profit entities.

Phelps said the initiative proposed by the Howard Jarvis Taxpayers Association "is too broad" and controversial in that it also would play havoc with city rent-control ordinances.

The initiative proposed by state Sen. Tom McClintock, R-Thousand Oaks, is too complicated, she said, and would likely be opposed by Democrats because McClintock is a conservative Republican running this year for lieutenant governor.

"The People's Initiative is much cleaner and self-explanatory," Phelps said, noting one of the citizen sponsors is a Democrat and the other a Republican.

She and others say the fourth initiative is ambiguous and that it's unclear who's behind it.

McClintock and the Jarvis group support each other's initiatives and say they will likely move forward with only one in circulating petitions to qualify for the ballot.

None of the groups have shown the financial ability to launch a petition drive, but the Jarvis group said Friday it's optimistic about funding sources.

The League of California Cities has criticized all the plans.

If voters were to approve any of the proposals, the likely effect could be to "significantly limit efforts by cities and redevelopment agencies to revitalize blighted areas," the league said.

"The measures could make it much harder to build in-fill projects, and thus could force new housing growth into surrounding open space and farmland."

State Sen. Tom Torlakson, D-Antioch, wants the Legislature to put what he calls a less radical measure on the ballot.

It would forbid forcing the sale of owner-occupied single-family housing for redevelopment, but would continue allowing the acquisition of business or rental property.