Proposition 90 stops eminent domain abuse!
Local governments can take homes, businesses, and
churches through unfair use of eminent domain. They can
also take away your property value with the stroke of a pen.
We are three average Californians, and it happened to us.
Local governments unfairly tried to take our property
away from us and turn it over to developers to build condos,
hotels, and other commercial projects.
Why? Because these developers are politically connected,
and their projects will generate more tax revenue for local
If government can take our property, it can take yours
• Manuel Romero had eminent domain used against his
family restaurant so that a Mercedes-Benz dealership next
door could use the space for a parking lot.
• Bob Blue had eminent domain used against his small
luggage store—in his family for almost sixty years—so
that a luxury hotel could be built.
• Pastor Roem Agustin had his church threatened
with condemnation so that a developer could build
It’s wrong for senior citizens, small business owners, or
anyone who can’t fight back to be forced to give up their
property so wealthy developers can build giant retail stores,
shopping malls, and upscale housing developments.
Government can also take property without compensating
When governments pass regulations that reduce the value
of your property, it’s called regulatory taking. When this
happens you should be compensated by the government for
your lost value.
Government should not be able to take your home—outright or through regulations that reduce the value of
your property—without it being for a legitimate PUBLIC
use and without paying for what it takes.
That’s simple fairness.
That’s why California needs Proposition 90, the Protect
Our Homes Act.
Proposition 90 will:
• restore homeowners’ rights that were gutted last year
by the Supreme Court’s outrageous Kelo decision. That
ruling allows eminent domain to be used to take homes
and businesses and turn them over to private developers.
• return eminent domain to legitimate public uses, such
as building roads, schools, firehouses, and other needs
that serve the public and not the financial interests of the
government and powerful developers.
• restrict government’s ability to take away people’s use of
their property without compensating them.
Those who benefit financially from the status quo are
spending millions to mislead voters and claim the sky is
Opponents are engaging in scare tactics in order to divert
attention from their REAL MOTIVE—maintaining the status
quo so they can continue to profit from taking our private
For example, opponents falsely claim that the measure
will hurt the enforcement of environmental regulations. But
all existing California environmental laws and regulations are
The Protect Our Homes Act protects all of us—and helps
families for future generations—while stopping government
from taking your property simply to boost tax revenue.
Save our homes and businesses.
Please vote YES on Proposition 90.
For more information, visit www.protectourhomes2006.com.
MANUEL ROMERO, Eminent Domain Abuse Victim
BOB BLUE, Eminent Domain Abuse
PASTOR ROEM AGUSTIN, Eminent Domain Abuse Victim
|REBUTTAL TO ARGUMENT IN FAVOR
OF PROPOSITION 90
Of course we can all agree that Californians deserve
protection from eminent domain abuse. And, if Prop. 90 was
a well-designed reform of eminent domain, many thoughtful
Californians would support it.
However, the out-of-state drafter of Prop. 90 is attempting
a bait and switch on voters. This poorly-written proposition
is loaded with unrelated and far-reaching provisions that will
harm, not protect, homeowners and be very expensive for all
We can’t afford to be misled.
The hidden provisions in Prop. 90 create a new category of
lawsuits that allow wealthy landowners and corporations to
sue for huge new payouts. These lawsuits and payouts would
cost California taxpayers billions of dollars every year.
That’s why groups representing taxpayers, homeowners,
businesses, police and fire, environmentalists, and farmers all urge you to Vote NO on 90.
THE LEAGUE OF WOMEN VOTERS OF CALIFORNIA says: “Prop. 90 would fundamentally change our system of representative democracy and put the interest of a few above the well-being of ALL Californians."
Prop. 90 is anti-taxpayer and anti-homeowner.
That’s why THE LEAGUE OF CALIFORNIA
HOMEOWNERS OPPOSES PROP. 90 and says: “Prop.
90 is a trap that actually hurts homeowners. It would cost
taxpayers billions and erode basic laws that protect our
communities, our neighborhoods, and the value of our
Say NO to the Taxpayer TRAP. Vote NO on 90.
KENNETH W. WILLIS, President
League of California Homeowners
CHIEF MICHAEL L. WARREN, President
California Fire Chiefs Association
League of Women Voters of California
The handful of wealthy landowners that paid to put
Prop. 90 on the ballot are trying a classic bait and switch on
They want you to believe Prop. 90 is about eminent
domain. That’s the bait. But, hidden in the fine print of the
measure is the trap—a far-reaching section unrelated to
eminent domain that would lead to huge new costs for all
Prop. 90 would change California’s constitution to enable
large landowners and corporations to demand huge payouts
from state and local taxpayers just by claiming a law has
harmed the value of their property or business—no matter
how important the law may be or far-fetched the claim.
According to William G. Hamm, formerly California’s
nonpartisan legislative analyst, “PROP. 90 could require
BILLIONS OF DOLLARS IN NEW TAXPAYER COSTS
EACH YEAR, if communities and the state continue to
pass or enforce basic laws to protect neighborhoods, limit
unwanted development, protect the environment, restrict
unsavory businesses, and protect consumers.”
With no limit on the total costs, Prop. 90 traps taxpayers
into signing a blank check. We all pay, while large
landowners and corporations reap windfall payouts.
Here’s an example of how the “taxpayer trap” works:
If local voters pass a measure to limit a new development
to 500 houses—instead of 2,000 houses that a developer
wants to build—under Prop. 90, the developer could demand
a payment for the value of the remaining 1,500 houses.
Even if local community services and infrastructure would
be strained by the larger development, Prop. 90 would put
taxpayers at risk for payment.
Prop. 90 is not just limited to land-use laws. Read the
official analysis. Statewide consumer protection laws,
restrictions on telemarketing, and worker protections would
all trigger new demands for payouts.
As a result, Prop. 90 would lead to thousands of expensive
lawsuits that would tie up our courts and result in added
bureaucracy and red tape.
The cost of these lawsuits and payouts would rob local
communities of billions of dollars in limited resources that
fund fire and police protection, paramedic response, schools,
traffic congestion relief, and other vital services. That’s
why the CALIFORNIA FIRE CHIEFS ASSOCIATION,
CALIFORNIA POLICE CHIEFS ASSOCIATION, and
CALIFORNIA SCHOOL BOARDS ASSOCIATION oppose
PROP. 90 would trap taxpayers in a LOSE-LOSE
situation. If communities act to protect their quality of
life, taxpayers could be forced to make huge payouts. Or,
if communities couldn’t afford the payouts, basic quality-of-life protections simply couldn’t be enacted. That’s why
conservation groups, including the CALIFORNIA LEAGUE
OF CONSERVATION VOTERS and the PLANNING AND
CONSERVATION LEAGUE, warn the measure would
drastically limit our ability to protect California’s coastline,
open spaces, farmland, air and water quality.
For more information on Prop. 90, visit www.NoProp90.com.
When you vote, please join groups representing California
taxpayers, firefighters, law enforcement officers, educators,
small businesses, land conservationists, the environment, and
Say NO to the TAXPAYER TRAP. Vote NO on
CHIEF MICHAEL L. WARREN, President
California Fire Chiefs Association
CHIEF STEVE KRULL, President
California Police Chiefs Association
EDWARD THOMPSON, JR., California Director
American Farmland Trust
|REBUTTAL TO ARGUMENT AGAINST
DON’T BE FOOLED BY SPECIAL INTERESTS!!!
Proposition 90 protects our fundamental right to own—and keep—our homes and private property. It’s called the
“AMERICAN DREAM,” and government should not be in
the business of destroying it.
Proposition 90 fixes the Supreme Court’s outrageous Kelo decision.
Opponents—those who profit most from abusing eminent
domain and taking private property—are shamelessly trying
to mislead you and distort what Proposition 90 does.
Opponents say read the fine print. WE AGREE. You’ll
Proposition 90 MAINTAINS EVERY current state
and local environmental, consumer protection, and public
safety law and regulation. Read Section 6, which states,
“the provisions added to this section shall not apply to any
statute, charter provision, ordinance, resolution, law, rule or
regulation in effect on the date of enactment.”
Proposition 90 HAS NOTHING TO DO with funding for
police or firefighters.
The public health and safety are PROTECTED. The
Legislature can enact ANY NEW LAW to ensure public
health and safety.
Proposition 90 protects YOU from politicians who reward
their campaign contributors by taking your private property
and giving it to someone else.
The REAL opponents of Proposition 90 are those
who profit by TAKING OUR HOMES AND SMALL
BUSINESSES—greedy government bureaucrats who want
higher taxes and mega-developer campaign contributors
who make millions using agricultural land, residential
neighborhoods, businesses, and churches seized through
eminent domain to develop strip malls and other projects.
IF THEY WIN, WE LOSE.
PROTECT OUR HOMES: VOTE YES ON 90.
MIMI WALTERS, Honorary Chair
California Protect Our Homes Coalition
MARTYN B. HOPPER, California Director
National Federation of Independent Business (NFIB)
JOHN M. REVELLI, Eminent Domain Abuse Victim