Yes Prop. 98 Wins in Court Today
Court finds No Merit to Opposition Arguments and Confirms that Primary Purpose of Proposition 98 is Eminent Domain Reform
Proponents of Proposition 98 won a major court victory for California property owners today. The Honorable Timothy Frawley of the Superior Court of California rejected a lawsuit by a coalition of politicians and developers against the State of California contending that Proposition 98's ballot title and summary is misleading. The court ruled with the State that the "chief" purpose of Prop. 98 is to reform eminent domain abuse.
"The court rejected the attempt by opponents of Proposition 98 to characterize the initiative as merely a 'rent control' measure.Finding their claims to be 'without merit,' the court went on to hold that the 'chief' purpose of this measure is to constrain government's authority to take property by eminent domain. It naturally follows that much of the statement of the measure's purpose should relate to eminent domain," said Prop. 98 legal counsel Thomas W. Hiltachk.
"The judge also rejected the attempt to by opponents to include a false claim that Proposition 98 would have 'far reaching' impacts on land use regulations, finding their arguments to be unpersuasive," said Hiltachk. "Interestingly, opponents of Proposition 98 did not attempt to assert the prior false claims they have made publicly regarding water storage and conveyance projects." Read the complete press release here.
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