Good news for opponents of California's Prop 90
by Drummond, Thu Sep 14, 2006 at 04:30:42 PM EDT
I haven't seen a poll in over a month, but there are some clear signs of hope that this thing with go down in flames. Proposition 90 (the "Protect Our Homes Act") is of course a measure that is held out as eminent domain reform in response to the decision of Kelo v. New London in which real property was seized and sold to developers as "public use."
I have already discussed the measure in more detail right here. I followed up on my own blog with a series of horror stories from Oregon, where a similar measure has already passed. And I think now the tide may be turning in California. I hope it's also turning in the 5 other states with similar measures set for this fall's election.
It's generally accepted wisdom that the proposition's early leads in polls will be diminished once voters learn the details. The normally conservative San Diego Union Tribune has registered its opposition. As it happens, the State Senate Republican leader Dan Ackerman is publicly opposing the measure. Nevermind that he appeals to his constituency by indirectly attacking trial lawyers:
The POHI could be the basis for setting aside any regulation, no matter how reasonable or beneficial to a community. Under the damage provision, any regulatory action may open a Pandora's Box of new lawsuits, triggering a great deal of litigation regarding whether a regulation damaged the property and requires compensation.
While this provision would not prohibit government from making rules to protect our communities from objectionable influences, it could make it economically unviable to do so. The level of possible litigation and compensation for affected property would, essentially, eliminate the good land-use planning with the bad.
Hey, whatever works.
But the best news I have to report may seem small. A local libertarian blogger here is rethinking his prior support for the measure. He's one person, and tends to be very reasonable, but he may well be a barometer.
And I haven't seen any polls with Prop 90 support over 50 percent.
I think we're going to beat this one. It's too bad Oregon had to be the canary to facilitate common sense in other states.
Tags: Agriculture, ballot propositions, California, controlled growth, Election, emminent domain reform, government, Kelo v. New London, libertarianism, libertarians, Privatization, property rights, Proposition 90, regulations, takings, Trojan Horse initiatives, zoning (all tags)