California Proposition 90 was a 2006
ballot initiative
A popular initiative (also citizens' initiative) is a form of direct democracy by which a petition meeting certain hurdles can force a legal procedure on a proposition.
In direct initiative, the proposition is put directly to a plebiscite o ...
in the state of
California
California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
,
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
. Passing of the initiative would have made two changes to California law:
*
Eminent domain
Eminent domain, also known as land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition, or expropriation, is the compulsory acquisition of private property for public use. It does not include the power to take and t ...
could not be used by government except to provide facilities for public use, to abate specific public nuisances, and to act in a declared state of emergency. (This was a reaction to the
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
's decision in ''
Kelo v. City of New London
''Kelo v. City of New London'', 545 U.S. 469 (2005), was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private owne ...
''.)
* Government would be required to reimburse property owners whose property value is decreased as a result of ''any'' government regulation or action.
The measure was defeated by a vote of 47.6% in favor and 52.4% opposed.
[California Secretary of Stat]
2006 Election returns
In the
June 2008 election the more narrowly defined
Proposition 99 was passed.
The initiative was similar to the controversial
Oregon Ballot Measure 37 (2004)
Oregon Ballot Measure 37 was a controversial land-use ballot initiative that passed in the U.S. state of Oregon in 2004 and is now codified as Oregon Revised Statutes (ORS) 195.305. Measure 37 has figured prominently in debates about the rights o ...
.
References
External links
League of Women Voters of California Education Fund: In-Depth Nonpartisan Analysis of Proposition 90
2006 California ballot propositions
Eminent domain
Failed amendments to the Constitution of California
Initiatives in the United States
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