BILL NUMBER: ACA 2	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 31, 2007

INTRODUCED BY   Assembly  Member   Walters
  Members   Walters   and La Malfa

    (   Coauthors:   Assembly Members 
 Adams,   Anderson,   DeVore,  
Duvall,   Fuller,  Huff,   Jeffries, 
 Maze,   Nakanishi,   Strickland,  
Tran,   and Villines   )
    (   Coauthors:   Senators  
Aanestad,   Ackerman,   Battin,   Cox,
  Harman,   Hollingsworth,   and Wyland
  ) 

                        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 amended, 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  created for the
purpose of community redevelopment or community development 
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   unless the real property will be transferred
to a public utility or the real property is within a duly formed
redevelopment project area in the County of San Bernardino, as
specified. The measure would also make related legislative findings
and declarations  .
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.



    WHEREAS, The Legislature finds and declares all of the
following:  
   (a) Current law recognizes that the closure of two or more
military facilities within San Bernardino County has caused serious
economic hardship in that county, including, but not limited to, the
loss of jobs, increased unemployment, deterioration of properties,
and land utilization, and undue disruption of people's lives and
activities.  
   (b) This measure addresses these conditions by permitting a
community redevelopment agency, community development commission, or
joint powers agency that has the power of eminent domain to acquire
by eminent domain and transfer to a private party or private entity
certain real property that is located in proximity to military
facilities and installations closed pursuant to the provisions of
Public Law 100-526, the Defense Authorization Amendments and Base
Closure and Realignment Act; now therefor, be it. 
   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   Except as described in
subdivision (d) and notwithstanding  any other provision, a
community redevelopment agency,  a  community development
commission, or  a  joint powers agency  created for the
purpose of community redevelopment or community development 
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. 
   (d) Subdivision (b) shall not apply to real property that is
within a duly formed redevelopment project area in the County of San
Bernardino as of January 1, 2008, if the real property is in
proximity to, as that term is defined by the Legislature, a military
facility or installation closed pursuant to Public Law 100-526, the
Defense Authorization Amendments and Base Closure and Realignment
Act.