California Voters Split on Eminent Domain

California voters approved a narrowly drawn ballot measure--Proposition 99--on June 3, while rejecting a more comprehensive measure--Proposition 98--by similar margins. Proposition 99 prohibits the use of eminent domain to acquire an owner-occupied residence for the purpose of transferring it to another private entity. That measure passed with 62 percent of the vote. Proposition 98, the more controversial measure, would have prohibited state or local governments from taking or damaging private property for private use; prohibited rent control; and required government to offer to sell back property taken through eminent domain to the original owner if it were put to a use substantially different than originally intended. That measure garnered only 39 percent of the vote.

Both ballot measures were in response to the U.S. Supreme Court's Kelo v. New London decision on June 23, 2005, which upheld eminent domain for economic development as a "public use," but left the determination of what constitutes a public use to state law. Check out NCSL's Eminent Domain Web page for updates on state legislation and ballot measures.

Eminent Domain