What do you know about Prop 98 and Prop 99?

As election day is just around the corner it seems there may be some misunderstanding on Prop 98 and 99. Our California Association of Realtors was kind enough to provide some talking points and a Q & A that might help with the understanding.

Ignore the Myths - Get the Facts!

C.A.R. is urging REALTORS® to vote YES on Proposition 98 and vote NO on Proposition 99 when they vote in the upcoming June primary. Proposition 98 will limit the ability of local governments to use eminent domain to seize private property and give it to OTHER private entities.

In recent weeks Proposition 98's opponents have circulated a great deal of misinformation. To set the record straight, C.A.R. wants you to know the truth about 98:

Myth 1: Opponents claim that tenants currently in rent controlled units will be summarily evicted.

Fact: Tenants currently in rent controlled units cannot be summarily evicted. Prop 98 only lifts rent controls AFTER a tenant: (1) vacates the unit voluntarily or (2) has been removed for a just cause, which is defined by local rent control ordinances.

Myth 2: Critics of reform claim that Prop 98 threatens the construction of state water projects.

Fact: Prop 98 will NOT limit the construction of state water projects. This view has been rejected by independent legal authorities such as the Institute for Justice, the organization that litigated the Kelo case, as well as a prominent water attorney that represents numerous California water agencies. Experts have affirmed Prop 98's intent to protect government's use of eminent domain for legitimate public use - state water projects are OBVIOUSLY a legitimate public use. Additionally, the state Legislative Analyst's Office did not cite any impact on water projects in their report to the Attorney General's office.

Myth 3: Opponents claim that Prop 98 prevents local governments from using eminent domain to obtain property for PUBLIC purposes, like schools, libraries, etc.

Fact: Prop 98 ONLY prevents eminent domain from being used to seize private property to give to other PRIVATE entities. The state Legislative Analyst's Office says this: "Under the measure, government could continue to take property for facilities that it would own and use, such as new schools, roads, parks, and public facilities."

C.A.R. Says YES to Prop 98 and NO to Prop 99