A little over a year ago the Supreme Court of the United States decided in a 5-4 ruling that a citizen’s private property may be seized by local governments through eminent domain to make way for non-traditional public works projects. No longer are roads, bridges and other municipal developments the sole outcome of eminent domain. Now, shopping centers and condominium complexes can also be built on land obtained by the government. The court said in the majority ruling that these establishments can generate a lot of income and help revitalize an impoverished section of a city. But at what cost?

Local governments can now take away your home or your place of business because they believe putting something else in your plot would be more beneficial to society as a whole. Now, you may be a very altruistic individual who only cares for the good of the many, but I am not so charitable. The government rarely pays just compensation for the land they seize – fair market value is a laughable concept.

So, what can stem this tide of insanity from our nation’s highest court? Voting yes on Prop. 90. Prop. 90 will effectively stop the abuse of eminent domain by local governments. If it is passed, there will be greater restrictions placed on the use of eminent domain. Governments will not be able to sell or give your land to private developers, except in cases where public safety is concerned. When and if a government body condemns a piece of land, the government will have to occupy that land or lease it out for public use.

It will also protect homeowners and business owners from any laws enacted by state and local legislatures in the future that would seek to give more power to eminent domain. Also, any property that has already been condemned through eminent domain but has not yet been developed must be offered for resale to the previous owner or the previous owner’s heir before any development may take place.

Finally, probably the most important article of this bill is the one which defines just compensation. The text of the bill states, “…just compensation shall be defined as the sum of money necessary to place the property owner in the same position monetarily…as if the property had never been taken.” Also, fair market value is described as, “…the highest price the property would bring on the open market.”

So, what does that all mean? It means if the government does take your land for whatever reason, it will be forced to compensate you for exactly how much your home is worth. It will not be able to lowball the price of your home or your property. The government cannot give you the average price for a house in your area or the lowest price. They will have to give you the highest price your home can obtain. Effectively, you will not lose any money if they take your house or business. That seems a lot fairer than the policy they have now.

Vote yes on 90. It will protect your property and your future. Because you know the government won’t.