We had a good session with City Manager Jeff Kolin, who came to talk with us about State Proposition 90, the so-called Anderson Initiative.

We learned the basics: under the guise of protections against abuses of eminent domain (which are definitely needed), this ballot measure reaches into the definition of “takings” to the point that common planning practices are effectively nullified. And it’s the taxpayer who will fund predatory suits against cities and counties for trying to enforce good planning.

Funded largely by a wealthy New York Libertarian named Howie Rich, Prop 90 would put such planning tools as zoning codes and building height limits in the category of a taking of property value, for which a speculator can take a city to court and would be compensated by local government. And the definition of just compensation is altered to require local government to compensate a project proponent not just for the land, but also for the value of the project that might have been built absent governmental regulation, or else allow the project to be built. For use of eminent domain for public projects , landowners would have to compensated not just at fair market value, but at the value of the intended future use of the property.

What a money-making scheme! That has been what’s happened in Oregon. Since they passed a measure similar to Prop 90 in 2004, some 2700 suits for a value of about $4 billion have been filed. In most cases, governments have thrown in the towel and backed off the regulations.

Effects would be overall property values increasing, so that public and private projects become prohibitively expensive, loss of protections for neighborhoods, likely loss of Historic Neighborhood status, prevention of enforcement of environmental protections and on and on.

Because cities are the main users of eminent domain, the statewide campaign against 90 has counseled cities to not be out in front, as it would look self-serving. The Santa Rosa Chamber of Commerce plans a fundraiser to raise $100,000 for opposition. Even though organizations such as CCSR aren’t able to offer funds, we can do public education as we walk precincts and do phoning for our candidates.

Jeff said that one possible good future use of eminent domain might be to pull together the many parcels of land in Roseland to help create the vision hoped for there.  The local contact for the statewide campaign against 90 is Amy O’Gorman, who lives in Sonoma.

Anne E. Seeley