BILL NUMBER: ACA 2	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Walters

                        DECEMBER 4, 2006

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 19
of Article I thereof, relating to eminent domain.


	LEGISLATIVE COUNSEL'S DIGEST


   ACA 2, as introduced, Walters. Eminent domain.
   The California Constitution authorizes private property to be
taken or damaged for public use only when just compensation has been
paid to, or into court for, the owner of the property.
   This measure would instead permit private property to be taken or
damaged only for a stated public use and only when just compensation
has been paid to, or into court for, the owner of the property. The
measure would also prohibit, with respect to both new and pending
eminent domain projects that involve the exercise of the power of
eminent domain, a community redevelopment agency, community
development commission, or joint powers agency that has the power of
eminent domain from exercising that power to acquire any real
property if ownership of the property will be transferred to a
private party or private entity, except as specified.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.



   Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2007-08 Regular Session
commencing on the fourth day of December 2006, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California, that the Constitution of the State be
amended as follows:
    That Section 19 of Article I thereof is amended to read:
      SEC. 19.   (a)    Private property may be
taken or damaged  only  for  a stated  public use
 and  only when just compensation, ascertained by a jury
unless waived, has first been paid to, or into court for, the owner.
The Legislature may provide for possession by the condemnor following
commencement of eminent domain proceedings upon deposit in court and
prompt release to the owner of money determined by the court to be
the probable amount of just compensation. 
   (b) Notwithstanding any other provision, a community redevelopment
agency, community development commission, or joint powers agency
that has the power of eminent domain shall not exercise the power of
eminent domain to acquire any real property if ownership of the
property will be transferred to a private party or private entity,
other than a public utility as defined in Section 216 of the Public
Utilities Code, as that section read on January 1, 2007.  
   (c) Subdivision (b) shall apply to both new and pending projects
that involve the exercise of the power of eminent domain, except that
it shall not apply if a resolution of necessity with respect to that
project was adopted pursuant to the requirements of Section 1240.040
of the Code of Civil Procedure, as that section read on January 1,
2007, prior to the effective date of the amendment adding this
subdivision. For purposes of this subdivision, a project involves the
exercise of the power of eminent domain when an attempt is made to
acquire a property if it is stated or otherwise implied that the
property may be taken by eminent domain.