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AB-590 Eminent domain: private property.(2005-2006)

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AB590:v97#DOCUMENT

Amended  IN  Assembly  September 07, 2005
Amended  IN  Assembly  July 13, 2005

CALIFORNIA LEGISLATURE— 2005–2006 REGULAR SESSION

Assembly Bill
No. 590


Introduced  by  Assembly Member Walters
(Coauthor(s): Assembly Member Benoit, Blakeslee, Bogh, Haynes, Houston, La Malfa, Leslie, Mountjoy, Spitzer, Strickland, Tran, Wyland)
(Coauthor(s): Senator Campbell, Hollingsworth)

February 16, 2005


An act to amend Section 1240.010 of the Code of Civil Procedure, relating to eminent domain.


LEGISLATIVE COUNSEL'S DIGEST


AB 590, as amended, Walters. Eminent domain: private property.
The California Constitution authorizes governmental entities to take or damage private property for public use only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner.
The Eminent Domain Law authorizes public entities, as defined, to acquire property only for a public use. Existing law also provides that a use, purpose, object, or function is one for which the power of eminent domain may be exercised where if the Legislature has declared by statute that the use, purpose, object, or function is a public use.
This bill would provide that “public use” does not include the taking or damaging of property for private use, including, but not limited to, the condemnation of nonblighted property for private business economic development.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1240.010 of the Code of Civil Procedure is amended to read:

1240.010.
 (a) The power of eminent domain may be exercised to acquire property only for a public use. Where If the Legislature provides by statute that a use, purpose, object, or function is one for which the power of eminent domain may be exercised, that action is deemed to be a declaration by the Legislature that the use, purpose, object, or function is a public use.
(b) In the exercise of eminent domain, “public use” does not include the taking or damaging of property for private use, including, but not limited to, the condemnation of nonblighted property for private business economic development.