BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Tom Torlakson, Chair
BILL NO: AB 1195 HEARING: 2/18/04
AUTHOR: Cohn FISCAL: No
VERSION: 2/12/04 CONSULTANT: Detwiler
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT'S
LIMIT ON EMINENT DOMAIN (URGENCY)
Background and Existing Law
The power of eminent domain is a government's authority to
take private property for public purposes, subject to
constitutional limits that require due process and the
payment of just compensation. State law allows regional
park and open space districts to condemn real and personal
property, both inside and outside their boundaries.
The Midpeninsula Regional Open Space District is an
independent, multi-county special district covering
territory in parts of San Mateo, Santa Clara, and Santa
Cruz counties. The District acquires and preserves open
space and provides hiking trails. Most of the District's
territory is in Santa Clara County but it wants to annex
approximately 140,000 acres in coastal San Mateo County.
Some local residents and property owners worry that the
District will use eminent domain to condemn coastal
agricultural land. In June 2003, the District's board of
directors adopted an ordinance prohibiting the use of
eminent domain in the proposed annexation area. Critics
note that a future board could reverse that local rule.
They want greater assurances that the District will never
use eminent domain in the coastal annexation area.
Proposed Law
Assembly Bill 1195 prohibits the Midpeninsula Regional Open
Space District from using its eminent domain power to
acquire real property or real property interests in the San
Mateo County Coastal Annexation Area. AB 1195 also
corrects the spelling of the District's name in an
unrelated section.
AB 1195 -- 2/12/04 -- Page 2
Comments
1. Give it up . Eminent domain continues to be one of the
most contentious political issues that divide property
owners from their local officials. Despite the
constitutional protections, many property owners remain
deeply suspicious of local officials' power to condemn
private property. These concerns fueled some of the
opposition to the Midpeninsula Regional Open Space
District's proposal to annex territory in coastal San Mateo
County. AB 1195 calms those fears by statutorily banning
the District's use of eminent domain in the proposed
annexation area.
2. Unprecedented restriction ? AB 1195 is an unprecedented
limit on the powers of a local agency --- a statutory ban
against using eminent domain in a specific geographic area.
The Committee may wish to consider whether Sacramento
should limit a local agency's condemnation powers. The
principles of home rule and local control suggest that
these decisions should remain within the province of local
elected officials. On the other hand, given the
contentiousness that condemnation provokes, other local
agencies may consider following Midpeninsula's precedent
and ask for similar statutory limits so they can avoid
unnecessary battles.
3. Switch, no bait . The District's existing, self-imposed
ban against using eminent domain in the Coastal Annexation
Area takes effect once the territory becomes part of the
District. AB 1195 is stronger than the District's
ordinance in three respects. First, the District cannot
change a statutory prohibition; any future policy switch
would require formal legislative action. Second, the
statutory prohibition takes effect as soon as AB 1195 ---
an urgency bill --- is signed and chaptered. Third, the
statutory ban applies even if the District never annexes
the coastal area. Current law allows a regional park and
open space district to condemn property both inside and
outside its boundaries. Under AB 1195, the District can't
ever use eminent domain in the Coastal Annexation Area.
4. Where things stand . The San Mateo Local Agency
Formation Commission (LAFCO) plans a public hearing on
Midpeninsula's proposed annexation on March 9 in Half Moon
AB 1195 -- 2/12/04 -- Page 3
Bay. After hearing testimony, the San Mateo LAFCO plans to
continue its hearing until March 17 in Redwood City. If
the LAFCO approves the annexation, state law requires a
further public hearing to measure protests. If the
recorded protests are less than 25%, the annexation goes
forward to completion. If the protests are 25% but less
than 50%, the annexation may go forward, subject to
majority voter approval. The annexation election would be
held among the registered voters in the Coastal Annexation
Area. If there is a majority protest, the annexation must
stop.
5. Legislative history . Until the February 3, amendments,
AB 1195 would have exempted regional park and open space
districts from some of the requirements of the Planning and
Zoning Law. The recent amendments deleted those provisions
and instead substituted the ban on eminent domain.
Assembly Actions
Not relevant to the February 12, 2004 version of the bill.
Support and Opposition (2/12/04)
Support : Midpeninsula Regional Open Space District.
Opposition : Unknown.