No on Proposition 90

Stealth measure would undermine land-use planning and environmental protection

On Nov. 7, California voters will decide on Proposition 90, one of the most significant - and dangerous - anti-environmental measures ever to reach the ballot.

Wealthy, out-of-state backers of this misleading measure want voters to believe Proposition 90 is about "eminent-domain reform" and is only a response to the well-known "Kelo" decision made by the U.S. Supreme Court. But the impacts of the measure will be much more far-reaching and would effectively abolish our ability to implement laws that protect our coastline, open space, farmland, air and water quality, and other natural resources, and will cost taxpayers billions of dollars in lawsuits to fund payouts to a few developers and landowners.

If Proposition 90 passes, virtually any action taken to protect the environment could result in a lawsuit. Landowners would simply have to claim that the law "damages" their property value and to demand huge payments from taxpayers through state and local governments. To avoid bankruptcy, local governments would often have no choice but to allow the environmentally destructive actions.

The scope of environmental regulations that could trigger compensation under the measure is virtually limitless. Examples include:

• protection of old-growth forests, wetlands, coastal areas, grazing lands, croplands, public parks, and open space;
• new listings of endangered or threatened species or protection of habitat;
• urban-growth boundaries;
• designations of marine reserves to protect fish or other ocean habitat;
• neighborhood zoning protections: height limits, setbacks, restrictions on big-box retail, inclusionary workforce and affordable housing rules, and restrictions on adult businesses in residential areas and near schools;
• approval of new coastal-development permits by the Coastal Commission;
• amendments to general plans, specific plans, or zoning ordinances;
• requiring developers to contribute to schools, affordable housing, and parks.

A hidden provision would allow virtually anyone to sue, claiming that a new law or regulation has impacted the value of their property or business. This provision could result in thousands of lawsuits costing taxpayers millions of dollars just in litigation costs. A similar but much less far-reaching measure was passed in Oregon in 2004 and has already resulted in 2,000 claims requesting $3.8 billion in compensation.

The proposition would also redefine how compensation is calculated when acquiring land for public infrastructure projects. These provisions would drive up the cost of infrastructure projects, cause delays, or even halt work on much-needed community projects. Taxpayers would have to pay much more or lose out on congestion relief, road repairs, schools, utility services, flood protection and other planned and needed infrastructure projects.

Sierra Club California has been working with many taxpayer, education, business, consumer, environmental, local-government, and community groups who are concerned about the negative impacts of this proposition, and who have committed to putting in the time and resources to educate California voters about its true impacts.

WhatYouCanDo

To help fight this measure, contact or call (510)848-0800, ext. 304

For updates on this campaign and other November election issues, visit www.sierraclubcalifornia.org