[Water_news] 1. DWR'S CALIFORNIA WATER NEWS - Top Item for 4/28/08

Department of Water Resources

California Water News

A daily compilation for DWR personnel of significant news articles and comment

 

April 28, 2008

 

1.  Top Items -

 

 

Schwarzenegger opposes Proposition 98: The governor says the measure would restrict the ability to exercise eminent domain. Backers say he is relying on a flawed legal analysis.-

The Los Angeles Times

 

Schwarzenegger to oppose initiative to limit eminent domain-

The Sacramento Bee

 

Schwarzenegger among politicians opposing Prop. 98 : It could stall water projects, he says-

The San Diego Union Tribune

 

 

 

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Schwarzenegger opposes Proposition 98: The governor says the measure would restrict the ability to exercise eminent domain. Backers say he is relying on a flawed legal analysis.

The Los Angeles Times - 4/26/08

By Patrick McGreevy, staff writer

 

SACRAMENTO -- -- Gov. Arnold Schwarzenegger announced his opposition to Proposition 98 on Friday, saying the June 3 ballot measure threatened to undermine public works projects by restricting the government's ability to exercise eminent domain.

In addition to phasing out rent control, Proposition 98 would restrict the ability of government agencies to force the sale of private property for projects deemed beneficial to the public. As a result, Schwarzenegger said, the measure could delay or drive up construction costs.

"Eminent domain is an issue worth addressing," the governor said in a statement. "However, Proposition 98 would undermine California's ability to improve our infrastructure, including our water delivery and storage."

Schwarzenegger's position is at odds with the California Republican Party, which supports the measure.

Supporters, including Jon Coupal of the Howard Jarvis Taxpayers Assn., said the governor was relying on a flawed legal analysis of Proposition 98. Coupal said the measure would protect private property owners from losing their land for private development but would not apply when land is taken for public works projects.

Coupal cited an analysis of the measure by the Institute for Justice, a Libertarian group from Arlington, Va., that concluded that "traditional uses of eminent domain for public use will not be affected. Roads and bridges will be built. Water projects such as drainage ditches, sewers, reservoirs, dams, drinking water and irrigation have long been accepted as public uses, and that will not change under Prop. 98."

The state Transportation Commission has opposed the measure, saying it would ultimately delay projects, and the Metropolitan Water District of Southern California has also voiced opposition. #

http://www.latimes.com/news/local/la-me-governor26apr26,1,6327218.story

 

Schwarzenegger to oppose initiative to limit eminent domain

The Sacramento Bee – 4/26/2008

By John Hill

Gov. Arnold Schwarzenegger announced Friday that he will oppose an initiative on the June 3 ballot to restrict governments' ability to use eminent domain to seize property.

Schwarzenegger said he was opposing Proposition 98 in part because it might block the building of water projects crucial to farmers and residential users.

"Eminent domain is an issue worth addressing," Schwarzenegger said in a prepared statement. "However, Proposition 98 would undermine California's ability to improve our infrastructure, including our water delivery and storage."

Schwarzenegger tried unsuccessfully to broker a deal with lawmakers to put a $10 billion water bond on the ballot.

Proposition 98 bans the use of eminent domain to transfer property to a private party, and would phase out rent control. It would ban taking property for its natural resources.

Opponents argue that the measure might also restrict governments' ability to pass environmental or land-use laws – an assertion that backers strongly deny.

Opponents and some experts also say the provision barring taking land for the natural resources could prevent the building of water projects.

The California Farm Bureau Federation, one of the sponsors of the initiative, obtained a legal opinion saying that water storage projects could still be done under Proposition 98.

The provision on natural resources was meant to block any efforts by cities to condemn farmland for its water, the bureau says, not to hamper water storage projects.

But even some other farm organizations question that interpretation, fearing that Proposition 98 might curtail the building of pipelines, canals and reservoirs.#

http://www.sacbee.com/111/story/891273.html

 

Schwarzenegger among politicians opposing Prop. 98 : It could stall water projects, he says

The San Diego Union Tribune- 4/26/08

By Michael Gardner

 

SACRAMENTO – Gov. Arnold Schwarzenegger yesterday came out against a ballot measure that would greatly restrict the ability of government to seize private property, citing concerns it could stall important water projects.

“Eminent domain is an issue worth addressing; however, Proposition 98 would undermine California's ability to improve our infrastructure, including our water delivery and storage,” Schwarzenegger said in a prepared announcement.

“California voters strongly support rebuilding our transportation, housing, education and water infrastructure, so it would be irresponsible to support a measure that would prevent the state from accomplishing our goals.”

Schwarzenegger joins a growing list of influential figures opposed to Proposition 98, including U.S. Sen. Dianne Feinstein, a Democrat, and former Gov. Pete Wilson, a Republican.

Jon Coupal, executive director of the Howard Jarvis Taxpayers Association, said the governor's position would have little effect on the outcome.

Coupal noted that most political power brokers were lined up against Proposition 13, the landmark property-tax-protection initiative. Nevertheless, it passed handily in 1978.

“At the grass-roots level, this is about individuals and their property rights,” he said.

Schwarzenegger did not take a position on Proposition 99, a much narrower measure on the same ballot sponsored primarily by cities.

“Outstanding,” was the reaction from San Diego City Councilman Jim Madaffer, who serves as president of the League of California Cities. “When you have people like the governor on your side, people should take heed that something is wrong with Proposition 98.”

Schwarzenegger, while struggling with a budget crisis and other issues, remains fairly popular and would be a valuable ally on the campaign trail, particularly helping opponents of Proposition 98 raise money.

Proposition 98 would protect most private property – homes, businesses, churches and farmland – from being seized and turned over for private use.

But it would allow eminent domain to be used for other public benefits. It also includes provisions to phase out rent control for apartments and mobile home parks, raising alarms among advocates for the poor and elderly.

The language addressing water projects appears ambiguous, prompting differing legal views over whether it would block reservoirs, pipelines or a new north-to-south canal.

The governor apparently believes a legal analysis developed within his Department of Water Resources that says: “It would very likely disable government from acquiring the necessary property for water development projects through eminent domain by prohibiting the condemnation of property to be used for the consumption of natural resources.” #

http://www.signonsandiego.com/uniontrib/20080426/news_1n26domain.html