California's Proposition 90 on the ballot next month is austensibly intended to militate against eminent domain abuse--when the government takes private property for austensibly (there's that word again) public purposes. Eminent domain has been deemed constitutional by the U.S. Supreme Court in its "Kelo" decision, even where "public use" means the government wants to redevelop the property in the way it wants, by the developers it picks, austensibly (yep) because the public benefits from more taxes or from the government's finer sense of taste... But on a recent trip to Washington State, an old friend, an environmental professional, was asking about a California proposition that would make his activities in creek restoration and fishery work much more difficult by possibly restricting such activity. Turns out he was talking about Proposition 90. I downplayed the potential, but have been wondering about it--especially since the opponents of the measure have been using the Chicken Little rhetoric that includes such dire warnings... Since I have a strong sense that Prop 90 will pass, we'll check into it...
Saturday, October 21, 2006
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