Kelo Spawns Property Rights Initiatives
The United States Supreme Court's decision in Kelo v. City of New London,125 S. Ct. 2655 (2005) has prompted the support of new property rights legislation across the county. Some of these legislative initiatives have come from legislators, others from the public and interest groups. There are several active initiatives in Calfornia alone.
California State Senator McClintock, with the backing of the Howard Jarvis organization [www.hjta.org]is promoting two initiatives. These initiatives would limit the right of public entities to exercise eminent domain. One of the two initiatives also expressly bars rent control. It is not clear whether these initiatives will qualify for the fall ballot.
Another initiative is supported well known Libertarian Howard Rich, listed under the name of Anita Anderson. The funding is apparently established and this initiative should qualify for the fall ballot by activist Anita Anderson. This initiative amends the California Constitution to bar state and local governments from condemning or damaging private property for “economic development,” defined as conveying or leasing the condemned property to a private person or entity for a commercial enterprise or to increase tax revenue, tax base, employment, housing density or general economic health. It is supported by several activist groups, including Americans for Limited Government. [www.GetLiberty.org, contact Aaron Biterman aaron@getliberty.org]