California Voters turn back eminent domain measure

The San Francisco Chronicle reports:

California voters on Tuesday rejected Proposition 90, a measure that supporters said would stop the government from using eminent domain to take private property on behalf of developers, but which critics said would actually hobble land-use regulation.

The "Protect Our Homes Act" -- one among a handful of similar efforts in various states - received 47.5 percent of the vote.

Proponents said Prop. 90 was a necessary reaction to the June 2005 U.S. Supreme Court ruling that allowed New London, Conn., to seize the home of Susette Kelo and others so a developer could build a hotel, condominiums and commercial space on the site.

Critics countered that the court ruling had no bearing on California, and called Prop. 90 a "taxpayer trap." They said the measure would lead to lots of litigation and make it hard for cities to plan development.

"It looks like the voters understand that Prop. 90 would hurt the environment and impose tremendous costs on taxpayers,"' said Tom Adams, president of the California League of Conservation Voters, on Tuesday night.

The anti-Prop. 90 campaign drew support from an unusual assortment of players that included cities, the state's major environmental groups, builders, bankers and labor groups. Opponents raised about $12.45 million, compared with $3.77 million by proponents, according to the latest disclosure reports.

"We were outspent in total more than 3 to 1,'' said Kevin Spillane, a spokesman for the "yes'' campaign. "The opposition campaign was financed by special-interest money and based on blatant distortions and falsehoods."

Some special interests really need eminent domain to steal properties at below market rates.