AgdaPkt 2005-08-22 - Laserfiche WebLink

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%1-7 EMINENT DOMAIN from page 6 .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Status: The full Senate is expected to consider H.R. 3058 and any amendments, including this potentially harmful one, in the Fall. H.R. 3135, the Private Property Rights Act of2oo5 (Rep. F. James Sensenbrenner, R-Wl), prohibits states from receiving federal funds (none specified, leading to the conclusion that it could be any and all federal funds) for public sector eco- nomic development projects if eminent domain is exercised. Ten Califomia Representatives are co- sponsors: Mary Bono, Ken Calvert, John Doolittle, Bob Filner, Elton Gallegly, Wally Herger, Darrell Issa, Daniel Lungren, Richard Pombo, George Radanovich, and Maxine Waters. Status: As- signed to House Judiciary Committee, no hearing date set. H.R. 3268 (Rep. Gingrey, R-GA) excludes compensation for property taken by eminent domain from a property owner's gross income for tax purposes. Status: Referred to the House Committee on Ways and Means. H.R 3315 (Rep. Waters, D-CA) specifically bars CDBG funds to any state or community that does not prohibit the use of eminent domain for economic development. Status: Referred to the House Committee on Financial Services. H.R. 3405 (Rep. Bonilla,.R-TX) prohibits "economic development assistance" and defines that to include programs under 10 federal agen- cies and commissions including HUD, HHS, Commerce and Treasury. Status: Referred to House Education and the Workforce. S. 1313, the Protection of Homes, Small Businesses and Private Property Act of 2005, (Sen. John Cornyn, R-TX) attempts to do the same thing as H.R. 3135 - again, without specify- ing the federal funds affected, leading to the conclusion that it could apply to all federal funds. Califomia Senator Barbara Boxer has signed on as a co-sponsor. Status: Assigned to Senate Judiciary Committee, no hearing date set. What You Can Do California's U.S. Congressional Delegation is back in Califomia for the summer recess that began August 2 and needs to hear from local govem- ment officials on how these measures will have real life consequences here in their state if they become law. We recommend you set up a meet- ing with your congressional members during this time and stress the following points: . California is not Connecticut. We have strong laws already on the books in Califomia that limit the use of eminent domain by redevelopment agencies as a last resort and in instances where there are findings of blight. Our laws already provide property owners ample due process protections. Yet, these measures will impose a one-size-fits-all national approach that will harm Califomia. . Eminent Domain is a rarely used - but important - authority that allows communities to condemn rundown properties to convert to safe, affordable housing, to takeover and clean up environmentally toxic areas, and to transform impoverished, economically depressed neighbor- hoods and provide jobs, businesses, housing and economic growth. . Restricting federal funds will only hurt our efforts here in California to build affordable hous- ing, remove blight, create jobs, and revitalize the most downtrodden neighborhoods in need of help. . Be prepared to tell the story of why emi- nent domain was a necessary last resort in your community. Describe the condition of the property before redevelopment. Be specific with the num- ber of code violations, health and safety violations, crime statistics, pollution levels, etc. Also prepare a list of all the steps you took to work with the property owner and describe how you tried to get them to fix the problems before eminent domain. Describe how the area is better today because of redevelopment. PRIORITY FOCUS/PAGE 7 Visit the League's Official Website u www.cacities.org r -