Aanestad to Protect Property Owners From Gov't

Senator to Co-Author Homeowner and Private Property Protection Act

Senator Sam Aanestad (R-Grass Valley) is putting his name and effort behind a Senate Constitutional Amendment that would prevent state and local government agencies from taking land through the process of eminent domain for the purpose of private development. The Senator has agreed to co-author the Homeowners & Property Protection Act, which was introduced by Senator Tom McClintock (R-Thousand Oaks).

The Homeowners & Property Protection Act will add two short paragraphs to Article I, section 19 of the California State Constitution which grants the power of eminent domain. The proposed change requires that any government agency that acquires land through the process of eminent domain – must be the owner and occupier of that property and use it for the stated public use. The Homeowners & Private Property Protection Act also allows the former owner to reacquire the property if the government agency in question ceases to use the property for its stated use.

I understand that the process of eminent domain is a tool used by government for the use of building local roads, highways, schools and other infrastructure that will benefit the public,” said Senator Aanestad. “However, we must take steps to ensure that the government never takes private land to transfer it to another private owner. That is clearly wrong.”

Senator McClintock introduced the Homeowners and Private Property Protection Act, and Senator Aanestad agreed to co-author the measure, after the Supreme Court made it easier for government to condemn private property and turn it over to private developers.

In the 5-4 vote in Kelo v. City of New London, the high court rejected a challenge by Connecticut homeowners and businesses to the government’s use of eminent domain to acquire their properties as part of a large-scale private development.

With all due respect to the high court, justices missed the boat on this one,” said Senator Aanestad. “Allowing government to take from one private property owner so another private owner can benefit sets a chilling precedent. If we allow this decision to stand without taking immediate action, every home and private property owner is at risk from unchecked government power.”