The Press Enterprise has been following a story that basically culminated in a failed bid to build more homes in the very southern portion of Menifee.

You can read the history here...

http://www.pe.com/..../PE_News_Local_H_land25.241b3fa.html

And the results of the outcome here...

http://www.pe.com/..../PE_News_Local_S_habitat03.3a23215.html

To sum it up, Anheuser-Busch owns a lot of land along the south-eastern border of Menifee and Murrieta. The County wants to extend Clinton Keith road east to Winchester Rd, but the road would cross into Anheuser-Busch's land.

In an attempt to do things fairly and equitably, the County entered into an agreement to swap properties with Anheuser-Busch. The County would get the company's present property of 658 acres, and in exchange the County would give Anheuser-Busch 265 acres of land that it owned.

One caveat with this, is that the 265 acres of County land is currently marked as wildlife conservation.

The County obtained this parcel of land in 2002 from a couple of families that lived on it for 70 years. The families sold this land to the County with the agreement that the County would maintain it as conserved for wildlife.

As soon as the exchange took place, the Anheuser-Busch company planned to subdivide it into a 3,100 unit housing development.

That caused those two families to issue a lawsuit to block the exchange.

Just last Monday, June 9, the Riverside County Regional Conservation Authority ruled on the matter, and made the exchangement agreement null and void.

As to what happens next is uncertain, but it might mean eminent domain proceedings against Anheuser-Busch, to get the land the County needs to extend Clinton Keith Rd.

Labels: Anheuser-Busch, Clinton-Keith-Road, Eminent-Domain

The two state-wide ballot initiatives this June are Propositions 98 and 99, both dealing with eminent domain.

Eminent domain refers to the practice of governments seizing our private property for some kind of greater good. Eminent domain is generally permitted when goverment needs our land for a public project, such as a highway or storm drain.

But lately local governments are getting into the practice seizing our land and then selling it to another private entity, namely for building housing developments and shopping centers. This came to a boil several years ago in the town of New London, CT, when the US Supreme Court ruled that existing laws permit governments to seize people's homes for the purpose of giving it to developers.

This caused states all across the country to examine their own laws on eminent domain.

In 2006, California Voters defeated Proposition 90, which tried to address eminent domain, but also attached a host of other unrelated matters, which resulted in its demise.

Props 98 and 99 address this matter again, but each compete against each other.

Prop 98 is considered to be the more friendly towards property owners. It basically shuts the door on any kind of eminent domain action for the benefit of private developers. Prop 99 does something similar, except it keeps the door open just a bit.

Prop 98 makes it pretty clear that eminent domain can only happen if it's to create a public works project, where the project is owned by a government entity, or public utility. It totally denies eminent domain for the gain of a private developer.

Prop 99 is similar, except that it only applies when the property owner actually lives on the property, and only applies to single family homes. If the owner doesn't live on the property, the government can still take it away for private use. It also allows government to give your property to private hands if there is any kind illegal activity taking place on your property.

Prop 98 appears to be more geared towards protecting the rights of property owners, whereas Prop 99 appears to more geared towards allowing cities and counties to eliminate blight.

Prop 98 will also eliminate rent controls, allowing property owners to overcome attempts to keep rents low, and return to a market-based system. I don't know of any rent controls here in the unincorporated areas of Riverside County. It may be a non-issue for us. Rent control is not the same as "Section 8" by the way. Section 8 is something a landlord agrees to do, as opposed to being forced to do.

By contrast, Prop 99 leaves existing rent control legislation intact. However, it's largely useless as a law against eminent domain, mainly it because it only applies to single family homes. Eminent domain is rarely ever used against single family homes.

Prop 98 protects all property owners.

People against Prop 98 argue that eminent domain is a minor issue, something that doesn't happen much here in California. But the fact is that the Supreme Court's ruling on New London, CT created a new tool that cities and counties can use to deal with blighted areas. Every state needs to take a look at their eminent domain laws, and make amendments to prevent property seizure for someone else's profit.

If Prop 99 fails, will it mean that that cities and counties become incapable of dealing with blight? Not at all. They can still do it the old fashioned way, have a developer offer a really attractive price.

What happens if both initiatives pass? The one that gets the most votes cancels out the other.

I'm voting Yes on Prop 98, No on Prop 99.

I'd like to hear your thoughts.

For further reading...

• Proposition 98, Secretary of State - a technical document on what changes Prop 98 will make to the State Code.



• Proposition 99, Secretary of State - a technical document on what changes Prop 99 will make the State Code.



• Renters Lose with Proposition 98, San Francisco Chronicle - against Prop 98



• Don't Count on Prop 99, Los Angeles Times, - against Prop 99



• Yes on 98, No on 99, San Francisco Chronicle, favors Prop 98, against Prop 99



• No on 98, Yes on 99, Los Angeles Times, against Prop 98, favors Prop 99



• Propositions 98 and 99 duel over property seizures, Sacramento Bee - an unbiased comparison

Labels: Eminent-Domain

There is a new scary word for some folks here in Riverside County and other parts of the U.S., eminent domain. Last month the U.S. Supreme Court delivered a ruling allowing the government to conduct a land grab on private land for business development. This means that if your home or business is in the path of the raging urban sprawling bull it could end up being a parking lot for the next Costco.
One has to wonder how the long time locals of Menifee Valley feel about the thousand pound gorilla in their living rooms in the form of a bulldozer bearing down on their farms, dairy's and countryside homes. My understanding is that not long ago Menifee was a "one horse town" so-to-speak, and quite frankly some folks liked it that way. You don't have to live here long before you start hearing how the way things used to be; with the dirt roads, the clean air and that cherished (by some) countrified smell.

I watch the earth-movers excavating farm land, the paving of dirt roads, and sit back in fervent anticipation for the blasting that is sure to take place when the city punches thru the hillside behind Briggs Road to extend Newport Road out to Winchester.

The feeling of excitement for some as the area gives birth to a new era is evident. For others it's a setting sun that will only exist in the memories of the few, and may bring them to pack the wagons and head for quieter pastures.

Many of us are pining for a Starbucks off Newport Road that we can hit before work on the way out to the freeway, or a family restaurant close by that isn't a bar or a drive thru Jack-in-the-Box. My family and I, as many of you are, are used to convenience. Let's face it, I'm a city boy, from a place where a dirt road was what got you to the campground and a small town was place without a Nordstrom. My family and I are here in Menifee for the investment. We chose this area for it's monitorial potential in our home, for it's charm and existing and developing character. I'm a man with a family and a dream, just as the many who lived here before me. My family and I came here to live the American dream of owning our own home. It’s unfortunate that our dream has to be at the expense of another's.

Labels: Eminent-Domain