Monday, November 06, 2006

can we all just agree that california's prop 90 is a terrible idea?

here's the very short version: prop 90 has two provisions. the first increases protection against property seizures by the state under eminent domain (you know, when the state forcibly buys some little old lady's house where she's lived for 55 years and then bulldozes it to build a freeway expansion?) the second provision totally destroys any ability of state or local governments to reject any proposed development project.

"what?!?" you might say.

yeah. the first provision seems reasonable. the second is totally ridiculous. but a lot of people are so hung up on provision one that they don't really pay attention to provision two.

if a developer submits an application to build 200 condos, and the county decides that he only has room (zoning/density and health and safety-wise) to build 50, then the developer can demand that the county pay him "fair market value" for his lost revenue. so he doesn't build the 150 other condos, and then the county has to pay him all the money he would have been able to earn if he was able to build and sell (or rent) the 150 condos.

pretty clearly a bad idea? i think so too. tell your friends. no on 90.

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