Prop. 98 in the Crosshairs

The backers of one of two eminent-domain related measures on California’s June statewide ballot have filed suit to try and force changes to the other one.

The “No on 98/Yes on 99” coalition Monday filed a lawsuit in Sacramento County Superior Court, asking a judge to change the official title of Proposition 98 to include mention of the measure’s rent control provisions.

Proposition 99, backed by many city and agency officials, would prevent the use of eminent domain to seize an owner-occupied home to transfer it to a private party. It was drafted to counter Proposition 98, a much broader limit on eminent domain, which would bar state and local governments from condemning private property for private uses, and also prohibit rent control. If both measures pass, the one with the most votes will take effect.

The “Yes on 99” coalition went to court to argue that the official title of Proposition 98 is misleading because it talks about eminent domain, but doesn’t mention that it would also eliminate rent control.

“By far, Proposition 98’s greatest impact will be the provisions abolishing rent control and renter protections,” Nan Brasmer, president of the California Alliance for Retired Americans.

In their lawsuit, the plaintiffs argue that 85% of funding for the measure has come from apartment and mobile home park owners and organizations that represent landlords.

For reprint and licensing requests for this article, click here.
MORE FROM BOND BUYER