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Eminent Domain. Limits on Government Authority
-Initiative
Constitutional Amendment - |
Official Summary, Pros & Cons
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California Secretary of State site, with full text of proposed law .
California State Proposition 98
- Bars state and local governments from taking or damaging private property for private uses.
- Prohibits rent control and similar measures.
- Prohibits deference to government in takings cases.
Defines “just compensation.”
- Requires an award of attorneys fees and costs if a property owner obtains a judgment for more than the amount offered by the government.
- Requires government to offer to original owner of condemned property the right to repurchase property at condemned price when property is put to substantially different use than was publicly stated.
Proposition 98 Summary
(Source: Official Web Site, CA Secretary of State)
Proposition 98 Analysis
(Source: Official Web Site, CA Secretary of State - Legislative Analysts)
Proposition 98 Arguments & Rebuttals
(Source: Official Web Site, CA Secretary of State)
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