The Legislature fails, eminently

Orange County Register
September 1, 2005
Commentary

On Tuesday, California residents concerned about the abusive use of eminent domain learned a lesson that should be no surprise to anyone: The state's Democratic-dominated Legislature isn't about to take any serious steps to rein in the power of cities to take private property to benefit private developers and chain stores.

The Senate Judiciary Committee refused to send Sen. Tom McClintock's constitutional ban on the use of eminent domain for private benefit, SCA15, to the full Senate for consideration. The only two "yes" votes came from Republicans Dick Ackerman of Irvine and Bill Morrow of Oceanside. Chairman Joe Dunn, D-Santa Ana, who has talked a good game about protecting property rights, abstained from the vote.

The committee did vote, 5-2, in favor of a minor effort to put a two-year moratorium on eminent domain against owner-occupied dwellings, which is little more than an attempt to forestall a political problem, then let the redevelopment industry have its way with our neighborhoods once the matter is no longer foremost on the public's mind.

Other Democrats on the committee were even more hostile to reform. Sen. Gil Cedillo, D-Los Angeles, questioned whether this was a real problem, and added, according to published reports, "Too often we legislate by hysteria." Well, the senator, who has used overheated rhetoric to promote driver's licenses for illegal immigrants and other fringe legislation, certainly knows what he's talking about there.

California redevelopment officials denied that there is any eminent- domain problem, although reports in the Register and elsewhere debunk their words. Eminent domain is used and threatened by cities on a frequent basis, which is why the U.S. Supreme Court's decision in June affirming the practice has created such a strong national backlash.

Clearly, a Legislature hostile to property rights will not heed the concerns of California citizens. A signature drive will soon get started to put SCA15 on the ballot. The redevelopment officials and legislators who support the eminent domain process will learn the depth of anger and disgust at such abuses once voters have a chance to make their voices known.

http://www.ocregister.com/ocr/2005/09/01/sections/commentary/commentary/article_656932.php