[Vision2020] Proposition 2

[lfalen]

The Eminent Domain portion is good and is already law (H555). The regulatory taking portion is a can of worms.

When I am elected I will submit a bill to clarify the regulatory taking portion, whether or not  the initiative passes or fails. An initiative has the same status as a bill passed in the Legislature and can be amended.

A change in the law would be starting from the status  quo  and any regulation that resulted in a decrease in a persons property value would be eligible for compensation. Past or speculated future value would be irrelevant.

Using examples previously discussed:
If an area is already zoned to allow a Service station,one can be built. A residence in that area would not be eligible for compensation. If the owner of the proposed Service Station is denied a permit to build, he would be eligible for compensation. If the area is zoned residential and a zone change is requested in order to build a Service Station and it is granted , local residences could ask for compensation for a reduction in their property value. The owner of the proposed Service station would not receive compensation if the zone change is not made.

In the case of Marks example on the Open Range law, he would not be eligible for compensation, since no reduction in value has been realized from the current status.

This is tentative and I welcome everyone input on how best to handle this.

Roger