The fine print in this proposition is that Californians are being asked to prevent government from using regulations except where there are health or safety issues without paying the property owner because regulations "take away" his property value.
This is (of course) bad law. "Regulatory taking" occurs when the diminution in property value is disproportionate to a social benefit to be gained from the regulation.
Posted by dj moonbat at September 23, 2006 08:49 PMBad law, true. A very dangerous law, also true.
Oregon passed a similar measure (Measure 37) in 2004. At the time, Oregon had some of the toughest land-use regulations in the nation. However since, Measure 37, many longtime landowners have escaped regulations for protecting landscapes, the environment and neighborhoods. Oregon property owners have already field about 2,700 Measure 37 claims, aiming to develop about 143,00 acres. The claimants demand that the governments either waive the land-use restrictions or pay nearly $4 billion in compensation (for "taking" their land). In almost all of the claims settled to date, governments have ended up waiving the regulations.
Posted by Mary at September 23, 2006 10:27 PM