Ballot measures & Propositions 1B-1E & Bond measures & Proposition 90 & Eminent domain 22 Oct 2006 01:36 pm
Unintended consequences of Proposition 90?
If Proposition 90 passes, according to an article in the October 18 issue of the Los Angeles Times, almost every expense that is contemplated by Propositions 1A through 1E could be put on hold almost indefinitely.
That’s because the provisions of Proposition 90 could entitle property owners who believe that their property values are being harmed to go to court anytime a city or local agency released planning documents, which could essentially paralyze public works projects throughout the state. One expert quoted in the article noted that property owners in Oregon have filed nearly 40,000 lawsuits against local governments since Measure 37 passed in 2004 (Measure 37 has provisions that are substantially similar to some provisions of Proposition 90. One main difference is that Measure 37 deals mainly with land-use regulations, whereas Proposition 90 deals more directly with putting restrictions on governments’ authority to exercise eminent domain. Oregon also has a more directly eminent-domain-related measure, Measure 39, on this year’s ballot, and it’s sponsored by the same group that sponsored Measure 37, Oregonians in Action.)
Supporters of Proposition 90 counter that experts and government agencies that express alarm about the restrictions that Proposition 90 could impose are engaging in scare tactics because they don’t want to cede their right to exercise eminent domain.