Eminent Domain on OC June Ballot

At our February 28 meeting, the Orange County Board of Supervisors voted to place a countywide eminent domain ordinance on the June primary ballot. The Registrar will designate the proposal as Measure “A”. If passed, it would prevent the Board of Supervisors or any agency within the County of Orange from using eminent domain for private benefit or ownership. It would bind all future boards and could be repealed only by popular referendum.

Measure “A” reads as follows:

Section 1. This ordinance shall be known and may by cited as AN ORDINANCE PROHIBITING THE EXERCISE OF EMIENT DOMAIN FOR PRIVATE PURPOSES.
Section 2. The County may not exercise the power of eminent domain to acquire property from any private Owner thereof, without such Owner’s consent, when the purpose of the acquisition is to convey the property so acquired to any private party.

If passed, the vote would affect only county government, and would not affect cities or other agencies. Its passage, however, would send a message to all elected officials about voter sentiment on this issue. It would be an example for other agencies to follow. Anaheim Mayor Curt Pringle, for example, has already announced a similar charter amendment to be on the November ballot.

Measure “A” reaffirms longstanding county policy and a clear reading of the Fifth Amendment of the U.S. Constitution allowing eminent domain for “public use”. The Supreme Court’s 5-4 Kelo decision, however, has necessitated a reaffirmation of that principle.

New License Law Impacts Carpools

A great deal of parental confusion has greeted the recent changes to the California Driving age. Previously, drivers under 18 had a 6-month probationary license restricting the hours and passengers they could drive. That probationary period has now been extended to a year.

During the initial 12-month period, 16-17 year olds cannot drive between 11:00 p.m. and 5:00 a.m. and cannot drive anyone under 25 other than immediate family (with a parental note). They can drive passengers under 25 to and from school activities but only with a signed note from a school official.

That last restriction jeopardizes high school carpoolers who had been driving fellow students to and from school, saving gas and reducing traffic. They must now wait another 6 months, unless they get a note from a school administrator. For liability reason, most schools will not issue such notes, yet are still expecting students to carpool. Many schools have spaces specifically reserved only for carpoolers, as required by the Southern California Air Quality Management District (SCAQMD).

The new restrictions make it virtually impossible for most high school students to legally carpool until well into their senior year. The legislature should seek reasonable accommodations for honest kids and their parents, who are only trying to help each other, save gas and reduce pollution.

Speaking Dates for a Busy March

The following are speaking appearances I’ll be making at various community events. For more information about attending, call Kara in my office at 714-834-3440.

March 1 (Wed): NBC Interview on Eminent Domain with Frank Snepp

March 3 (Fri): OC Human Relations Walk-in-My-Shoes Seminar; Cal State Fullerton

March 4 (Sat): Seminar on Eminent Domain; Bakersfield Doubletree Hotel

March 9 (Thurs): Buena Park Employee Recognition Awards; Knott’s Berry Farm
Society for the Advancement of Management; Fullerton Marriott

March 18 (Sat): Civil War Reenactment; St. Catherine’s School, Anaheim

March 20 (Mon): Retirees Assoc. of Calif.; Newport Beach Radisson

March 21 (Tue): Fullerton Arboretum Dedication, CSU

March 23 (Thurs): Fullerton Sunrise Rotary; Coyote Hills Golf Club
Mighty Ducks/OCTA Youth Bus Outreach; Pond of Anaheim

March 26 (Sun): California Grand Masters’ Reception; El Bekal Shrine, Anahei