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�.� � KELOfrompagel ••••��•�•••••�• HOUSINGfrompage1•��•��••-•��• in Kelo v. CityofNew London, a group of The bill package indudes the following: homeowners are challenging the city's decision to take their property to make way for a nevir hotel, SB 832 (PeratalTorlaksoNLow�enthal) Incen- office space and higher-income housing. It is tives for Building Smarter, Preserving Open anticipated thatthe development, adjacentto a new Spaces, Mitigating Regional Impacts of Local $300 million Pfiser, Inc. research facility, woufd bring Projects. This spot bill proposes to create greater • the city an additional $680,000 a year in highertax certainty for urban "infill" projects by streamlining revenues. regulatory requirements and expanding the current urban infill exemption underthe Califomia Environ- Underthe F'rfth Amendmerrt to the U.S. Consti- mental Qualit�rAct (CEQA).. tution, the govemmerrt may take private property for a public purpose, as long as just compensation is The authors say that the bill also will establish paid. In Kelo, the landowners argue that the city is new procedures to resolve regional conflicts be- trying to expand the definition of °public use" to tween and among local govemmerrts that approve include "economic developmerrt." Their property is projects despite significarrt adverse impacts on being taken nat to eliminate slums or blight, they regional and irrterregional transportation, air quality or assert, but rather solely to increase city tax rev- water suppy and qualit�r. enues and improve the local economy. SB 575 (Torlakson) Building Affordable Because of the poterrtially devastating conse- Housing. SB 575 would clarify and strengthen the quences that an adv�rse decision may have on a arrti-NIMBY law relating to the approval of affordable city's ability to exencise its eminent domain powers housing projects. for economic development purposes, the League joined with the National League of Cities, the SB 44 (Kehoe) Air Quality Elemerrts for Intemational Municipal Lawyers Association, and the General Plans. SB 44 will will require local govem- State and Local Legal Cerrter in submitting a fiend- ments to adopt an air quality element or air quality of-the-court brief supporting the city of New London. strategies in their general plans to ensure develop- (Atotal of 32 fiend-of-the-court briefs were filed in merrt in the area is undertaken in a mannerthat the case; 23 on behalf of the property owners and 9 reduces air pollution. The bill is modelled after on behalf of the city. legislation passed two years ago, which requires the Cerrtral Valley to include air qualit�r strategies in each Andrew Schwartz, formeriy with the San local agency's general plan to address the air Francisco City Attomey's Office and currerrty with pollution problems that often accompany urban and the firm of Shute, Mihaly and Weinberger, attended suburban sprawl. Tuesday's court argumerrts on behalf of the League. Speaking at the 2005 City Attomeys MCLE SB 521 (Toriakson�--Encouraging Transit Conference in Newport Beach, Schwartz, a co- Oriented Development. This bill incorporates founder of the Communit�r Land Use Project of ideas proposed in prior-session bills, including Califomia, a special project ofthe InstRute for Local allowing redevelopmerrt agencies to use a financing Govemmerrt, shared his thoughts and opinions on tool (tax incremental financing) available only to the Kelo case with city attomeys from throughout them, to fight blight by developing high-density the state. Schwartz predicted that the Court projects around or near a transit station. would rule in favor of the city, noting that the Court seemed concerned with trying to impose a At the press conference announcing the bills, "public use° standard that could realistically be Senator Perata also said °the Senate will also have imposed on all 50 states. as a top priority working with the Govemor to fix Proposition 42. .. We need to make sure Prop. 42 A decision is expected to be handed down later this year. Continued on Page 8 Visit the League's Official Web Site -- www.cacities.org PRIORITY FOCUS/PAGE 7