Prop. 90 Would Devastate Local Government

Dear Editor,

Proposition 90 has the potential to devastate local government, according to an independent report.

Proposition 90 would increase the annual cost of state and local government in California by billions of dollars for which you and I would be liable.

Two features of Proposition 90 are mainly responsible for the measure’s multi-billion-dollar price tag:

The measure would require government (and the taxpayers) to pay businesses and individuals whenever it passes laws or adopts regulations intended to protect the public’s interest (other than health- and safety-related) that substantially affect property values.

Proposition 90 also would significantly increase the amount that government and state-regulated, investor-owned utilities are required to pay owners when their property is acquired through eminent domain for public uses such as roads, schools, hospitals, airports, utility transmission lines, and power plants. Under current law, government must compensate owners by paying them the fair market value of their property, taking into consideration existing limitations on how the property can be used (e.g., zoning restrictions). In some cases, Proposition 90 would require government to pay owners more than the fair market value of their property by directing courts to ignore these use limitations. 

Recently in Morgan Hill, we set our urban limits – a line that with all considerations sets the limit, our future city limit. The line preserves our interests and our open space and protects our rural character. Under Proposition 90, land owners on the opposite side of the line can claim that the urban limit line decreases the value of their property, and sue or claim for compensation. In my opinion, nothing actually has changed. Zoning was not changed and no new restrictions were added to anyone’s property. The only change is in the speculative value of the land. No city or governing body should be liable for the speculative value of any property. This is unfair and the potential costs would almost prevent any city to set its urban limits, city limits and for that matter the potential of any governing body to set any service line. This would lead to utter chaos and court litigation that would devastate the fragile fiscal nature of city, county, and other governing entities.

If the proposition passes, our urban limit line would be tested and likely disappear and we would be faced with the relentless urban sprawl that under Proposition 90 would be too expensive to contain. Once again, the self interests and the unmitigated greed that has consumed our country wins and you and I will end up paying for it.

Proposition 90 is flawed from so many perspectives. Therefore I urge all of you to vote no on Proposition 90.

Mark Grzan, member of Morgan Hill City Council