294191 / 75.9% Yes votes ...... 93594 / 24.1% No votes

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In a widely reported decision last year, the U.S. Supreme Court upheld a Connecticut law that allows local governmental entities to exercise the power of eminent domain for so-called "economic development" purposes. Such use of the condemnation power is designed to put property in the hands of private parties who will put it to what those government entities consider to be more economically beneficial uses. Kelo v. City of New London, 125 S. Ct. 2655 (2005).

The proposed measure would ensure that the County will not exercise the power of eminent domain for the purpose of conveying private property to any other private party.

Pros and Cons of this measure from the League of Women Voters of Orange County

The Los Angeles Times
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• Measure Would Limit O.C. Land Grabs - 5/7/2006

• Voter Guide - 2006

Endorsements from the following organizations:

• California Democratic Party
• California Republican Assembly Endorsements

Measure A will guarantee that the County of Orange will use eminent domain only for public uses, such as roads, parks or flood control projects.

In the Supreme Court's 5-4 Kelo vs. New London decision, the Court ruled that eminent domain could be used to take Suzanne Kelo's home and transfer it to a private developer. This decision has focused public concern about the increasing abuse of eminent domain for private uses. The Court further ruled that state and local governments may place their own restrictions on eminent domain powers. Homeowners and business owners need guarantees that their property rights will be respected.

The House of Representatives voted 376-38 to deny federal funding for projects using eminent domain for private use. State legislatures, including California's, are considering constitutional limitations against eminent domain abuse. Here in Orange County, a growing number of cities are considering their own November ballot measures. Measure A will be an example to others of Orange County's commitment that all share equally in the right to own and enjoy their property.

Your Board of Supervisors shares that commitment. We have never used eminent domain for private use. The tenure of Board Members, however, is limited. Measure A will assure that the protection of property rights will be an ordinance of the County of Orange and the permanent policy of future Boards of Supervisors.

We ask you to vote Yes on Measure A.

s/ Chris Norby Orange County Supervisor, 4th District

s/ Bill Campbell Orange County Supervisor, 3rd District

s/ Lou Correa Orange County Supervisor

s/ Tom Wilson Orange County Supervisor, 5th District

s/ Jim Silva Orange County Supervisor

(No arguments against Measure A were submitted)

THE PEOPLE OF THE COUNTY OF ORANGE HEREBY ORDAIN AND ENACT AS FOLLOWS:

Title 2, Division 3 of the Codified Ordinances of Orange County is added as follows:

Section 1. This ordinance shall be known and may be cited as AN ORDINANCE PROHIBITING THE EXERCISE OF EMINENT 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.

As used in this section, "Owner" means the owner of the fee title interest in the property to be acquired.