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Univ. of Arkansas, Fayetteville

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Friday, October 27, 2006

CCELP Analysis of Proposition 90

The California Center for Environmental Law and Policy has done an analysis of California's Proposition 90, a proposed amendment to the California Constitution that contains a Kelo-backlash public use limitation and a Measure 37-type regulatory takings compensation provision.  The public use limitation isn't very well worded, but seems okay to me.  The regulatory takings compensation provision is a disaster.  As I've noted here before, I'm not a big fan of regulatory takings legislation that sets a low bar on the level of diminution required for compensation.  My bigger problem with Proposition 90 is that the regulatory takings provision is very subtle and is wrapped up in language talking about eminent domain abuse and Kelo.  I doubt that even sophisticated voters are going to understand what they are voting for or against here.

Ben Barros

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http://lawprofessors.typepad.com/property/2006/10/ccelp_analysis_.html

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