Prop 90 Comments

Dear Friend,

There is a lot on this November's ballot, but one measure I hope you will scrutinize closely is Proposition 90. I will be voting No on Prop. 90 and I'm confident that when you learn more about it, you will too.

Proponents would have you believe that Prop. 90 is just about "eminent domain reform," but that's a deceptive phrase designed to peak the curiosity and interest of voters. What Proponents won't tell you is that hidden in Prop. 90 are far-reaching provisions completely unrelated to eminent domain. These provisions would allow virtually anyone to sue over virtually any new law, simply by claiming a new law has caused "significant economic loss" to their property.

What does that mean in real-life terms? It means that when the most basic laws are passed that limit overdevelopment, regulate businesses or protect consumers WE have to pay. For example:

Under Prop. 90, a landowner could sue seeking compensation if a city/county restricts development to 500 homes for traffic or environmental concerns when the landowner is seeking approval for 750 homes. The city and its taxpayers could be forced to pay for the value of the land as though the remaining 250 homes were built.

Under Prop. 90, a landowner could sue seeking compensation if a city/county restricts the height of a building.

Under Prop. 90, the owner of a bar or nightclub could sue a city and its taxpayers seeking compensation if the city restricts hours of operation to conform to a local noise ordinance.

Under Prop. 90, a telemarketing firm could sue the state and all taxpayers if the legislature passed a law preventing the company from calling homes during certain hours of the day.

Under Prop. 90 a handful of activists could sue claiming "economic damages" for a new project like a school or a neighborhood park that they claim reduces the value of their property.

This doesn't sound like "eminent domain reform", does it? That's why you should learn more and get involved.

A coalition of more than 300 diverse groups has come together to oppose this harmful measure, including the League of Woman Voters of California, California Small Business Association, The Nature Conservancy, California Teachers Association, California Professional Firefighters, the California NAACP, League of California Homeowners, the California Chamber of Commerce, and the California Labor Federation to name a few.

More than 40 major daily newspapers have also come out against Prop. 90, calling it "deceptive," "a ruse," a "radical overreach," a "Trojan Horse" and more.

Please take a few minutes to learn more about this measure at http://www.noprop90.com/. I'm confident you will want to join me in voting NO on 90.

Nancy Goettler

-- Raymond Lutz - 26 Oct 2006