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City of Sierra Madre
Ordinance - Majority Approval Required
Pass: 2359 / 85.9% Yes votes ...... 387 / 14.1% No votes
Index of all Measures
|Information shown below: Impartial Analysis | Arguments | Full Text|
Shall an ordinance be adopted prohibiting the City of Sierra Madre from exercising the power of eminent domain for private purposes, or facilitating or funding the exercise of the power of eminent domain for private purposes?
The State Constitution restricts the City's ability to use eminent domain and specifi cally prohibits local governments from acquiring any owner-occupied residence by eminent domain for the purpose of conveying it to a private person. However, state law leaves open the possibility of the City exercising eminent domain to acquire residences that are not owner-occupied as well as non-residential property (such as commercial property) for conveyance to private parties. State law also permits the City to fund or cooperate with another agency in its exercise of eminent domain within the City's boundaries.
The Sierra Madre Redevelopment Agency voluntarily abandoned its right to exercise eminent domain by adopting a redevelopment plan that did not include any plans or guidelines for the exercise of eminent domain.
Measure ED would prohibit the City from:
1) exercising the power of eminent domain to acquire private property without the owner's consent when thepurpose of the acquisition is to convey the property to another private party; and
2) funding or consenting to the use of City property or resources in connection with the exercise of eminentdomain by another agency to acquire private property for conveyance to another private party, without the owner's consent.
Measure ED will not impair the City's ability to acquire property for public use or necessity (such as repairing or realigning roads, building water facilities, etc.).
A "yes" vote for Measure ED will prohibit the use of eminent domain for private purposes without the property owner's consent; a "no" vote will leave in place the City's existing ability to exercise or fund eminent domain to acquire private property for conveyance to another private party without the owner's consent.
|Arguments For Measure SierraMadre-ED|
Measure ED stops eminent domain abuse! Vote YES on Measure ED
The right to own private property Is one of the oldest rights we Americans have. Our government should not be allowed to take private property from one individual and transfer it to another whether that property Is owner-occupied or not unless there is a real and compelling purpose for public use or necessity, such as building water facilities or repairing roads.
The current City Council favors restricting the use of eminent domain for private economic development in Sierra Madre, but a future City Council could allow the use of eminent domain to take private real property away from owners and turn it over to developers to generate more tax revenue for the City. WE DO NOT WANT THIS TO HAPPEN IN SIERRA MADRE!
This ballot measure places that decision in your hands. Measure ED will permanently eliminate eminent domain for private economic development in the entire City of Sierra Madre. And it will go a step further by prohibiting the City from facilitating, funding or consenting to the use of City property or resources in connection with the exercise of the power of eminent domain by any other agency without the owner's consent when the purpose is to convey property to a private party or developer.
Government power should not be used to trample on private property rights. A YES vote on Measure ED will permanently prohibit the potential abuse of eminent domain. Measure ED could only be overturned by a majority vote of the people,
Vote YES on Measure ED to protect private property rights in Sierra Madre!
/s/ Mayor, MaryAnn MacGillivray
(No arguments against Measure SierraMadre-ED were submitted)
|Full Text of Measure SierraMadre-ED|
THE PEOPLE OF THE CITY OF SIERRA MADRE HEREBY ORDAIN AND ENACT AS FOLLOWS:
SECTION 1: Title 3, Chapter 3.06 of the Codifi ed Ordinances of the City of Sierra Madre is hereby added as follows:
SECTION 2: Majority Approval. This Ordinance shall be effective only if approved by a majority of the voters voting thereon (50% + 1) and shall go into effect ten (10) days after the vote is declared by the City Council.
SECTION 3: Severability. If any section, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining sections, sentences, clauses, phrases, or portions of this Ordinance shall nonetheless remain in full force and effect. The people of the City of Sierra Madre hereby declare that they would have adopted each section, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, sentences, clauses, phrases, or portions of this Chapter be declared invalid or unenforceable and, to that end, the provisions of this Ordinance are severable.
SECTION 4: Amendments. No provision of this Ordinance may be amended or repealed except by a vote of the people of the City of Sierra Madre.
SECTION 5: Execution. The Mayor is hereby authorized to attest to the adoption of this Ordinance by signing where indicated below.
PASSED, APPROVED and ADOPTED by the People of the City of Sierra Madre this 13th day of April 2010.
MaryAnn MacGillivray, MAYOR
ATTEST: Nancy Shollenberger, City Clerk
APPROVED AS TO FORM: Sandra J. Levin, City Attorney