BILL ANALYSIS
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CONSENT
Bill No: SB 1042
Author: Walters (R)
Amended: As introduced
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 4-0, 3/17/10
AYES: Cox, Aanestad, Kehoe, Price
NO VOTE RECORDED: Wiggins
SUBJECT : County condemnation powers
SOURCE : Author
DIGEST : This bill repeals the state law that allows
counties to condemn private property for military bases and
pay compensation with general obligation bonds.
ANALYSIS : Existing law authorizes counties the power to
condemn private property and turn it over to the Secretary
of War for military bases. With two-thirds voter approval,
counties can issue general obligation bonds to raise the
capital needed to pay compensation to the private
landowners.
This bill repeals the state law that allows counties to
condemn private property for military bases and pay
compensation with general obligation bonds.
Previous legislation
CONTINUED
SB 1042
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An identical proposal was in SB 113, the Committee's 2009
omnibus bill. The California State Association of
Counties, the Regional Council of Rural Counties, and the
Urban Counties Caucus did not object to repealing the state
law. However, because the State Military Department which
manages and oversees the California National Guard
objected, the Committee removed the item from last year's
consensus bill. The Department's legal staff says that the
U.S. military may --- at some time in the future --- need
larger training areas in California and the military may
want to partner with counties. They want to keep the law
on the books.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 3/17/10)
California State Association of Counties
Regional Council of Rural Counties
Urban Counties Caucus
ARGUMENTS IN SUPPORT : California State Association of
Counties states, "SB 1042 would repeal the outdated article
of law that permits a county's Board of Supervisors to
condemn land, pay for it with general-obligation debt, and
transfer that land to the federal government for its
military purposes.
"The Untied States government has its own powers of eminent
domain, and need not rely on counties to acquire property
from private owners. It seems highly unlikely that voters
in any county would approve by the necessary two-thirds
vote the general obligation bond needed to pay private
property owners for land the federal government could
purchase or condemn for itself. It seems nearly as
unlikely that the military will be expanding the number of
military bases in California anytime soon, given the number
of bases it has closed in recent decades."
AGB:do 3/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
SB 1042
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