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NORBY TEAM
Eric S. Norby
Chief of Staff
Jessica Cawthron
Deputy Chief of Staff
Eileen DePuy
Executive Assistant
Pam Nollkamper
Executive Assistant
Bruce Whitaker
Executive Assistant
Kara Lozano
Executive Secretary
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COMMUNITY
LIAISONS
Anaheim
Paul Bostwick
Frank and Sally Feldhaus
Buena Park
Jack D. Armstrong Franki Berry
Fullerton
Marilyn Davenport
Allan & Joanne Olson
Freydel Bushala
La Habra
Elizabeth Steves
Barry Dowling
Don Marshall
Placentia
Erica Rios
Joanne Sowards
Ed Alvarez
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| Supervisor Chris Norby |
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Sacto Nixes Eminent Domain Curbs:
’06 Ballot Measure Likely
Last week I testified before the California State Senate Judiciary Committee in support of a proposed constitutional amendment (SCA 15) to limit eminent domain to properties needed for public projects. This amendment is needed following the Kelo vs. New London case, in which a bare 5-4 Supreme Court majority lifted all limits on eminent domain. It is needed because of the longstanding practices of California redevelopment agencies to use eminent domain to benefit purely private development projects.
This proposed amendment is sponsored by Senator Tom McClintock (R-Thousand Oaks), all but three Republican legislators and a number of Democrats, including Assemblyman Tom Umberg (D-Santa Ana). It has been unanimously endorsed by the Orange County Board of Supervisors.
The measure failed to get out of committee by a 3-2 vote, with three L.A. County Democrats opposed, OC Republican Senators Ackerman and Morrow in favor, and two abstentions, including Chair Joe Dunn (D-Santa Ana).
McClintock intends to lead a drive to qualify this measure on the November 2006 ballot by garnering the required signatures. Helping him will be Municipal Officials for Redevelopment Reform, an activist network I’ve headed for the past 10 years.
The following are my remarks before the Senate Judiciary Committee:
I am Chris Norby. I am an Orange County Supervisor, whose district includes Fullerton, Anaheim, Buena Park, La Habra and Placentia. Our Board of Supervisors has voted unanimously to support both state constitutional and legislative limits on eminent domain.
I also served for 18 years as Council Member for the City of Fullerton, and serve as State Chair of Municipal Officials for Redevelopment Reform.
Our question today is simple: Do all Californians have the equal right to own and enjoy their homes and businesses? Or shall they be sacrificed at the demands of the wealthy and powerful? Is eminent domain to be used in California to serve the public? Or for private profit?
In its narrow 5-4 decision, the U.S. Supreme Court lifted all federal limits on eminent domain. However, it did challenge the states to place their own restrictions on this awesome power. State legislatures all over America are doing this, and so must California's.
The public demands it. Local polling from newspapers as politically diverse as the Orange County Register and the San Francisco Chronicle show by a 9-1 margin that Golden State voters favor protections for small property owners.
You have been told that California already has such protections, that eminent domain can be used only on blighted properties. Tell that to Cottonwood Church in Cypress, whose land was seized for a Costco. Tell that to Norm Neilson, whose open desert land in California City was seized for a Hyundai test facility. Tell that to Phil Gold, whose 99 Cent Only store in Lancaster was seized for a Costco. Tell that to my own Orange County Health Care Agency, whose facility was condemned for a Santa Ana BMW dealership.
Under current California law, over one million acres already within redevelopment areas are all presumed to be blighted and are all subject to eminent domain. Under Kelo, cities may now use unrestricted eminent domain outside of redevelopment areas, as well.
You have been told that eminent domain is a necessary tool for economic development. In fact, just the opposite is true. The most successful redevelopment projects are those where cities work with local business owners, not dispossess them. The most successful redevelopment projects are those that enhance local neighborhoods, not destroy them.
The widespread abuse of eminent domain has left shattered neighborhoods, half-empty malls and vacant auto rows. The 1998 study by the Public Policy Institute of California, "Subsidizing Redevelopment in California" showed no net economic benefits from these projects.
In fact, it is the fear of eminent domain that mobilizes citizens and small property owners against city-led redevelopment efforts. Lifting that fear will usher in a new era of trust between city hall and neighborhood groups.
Look at cities in my own Fourth District of Orange County. Fullerton's historic and vibrant downtown was rehabilitated without a single use of eminent domain. Anaheim's new Platinum Triangle is a dynamic high-density mixed use in an area of multiple ownerships, yet the city council has told developers eminent domain will not be used for their projects.
City council members do not want to use eminent domain against their own citizens, but often feel pressured by short-sighted developers, big box retailers and auto dealers who pit city-against-city for more land and subsidies. Proper restrictions on eminent domain will create a level playing field for all cities, limiting this fearful tool only for public facilities, not for private profit.
Don't get me wrong, I'm all for profit. But in a free society, profit should be made only through voluntary exchange, not forced seizure.
Today, your choice is clear: Shall eminent domain be used for public projects? Or for private gain?
I urge you. The Orange County Board of Supervisors urges you. And millions of California voters urge you. End the double standard by which the property of the weak can be taken to benefit the strong. Restore equal rights to own, enjoy and retain property for all Californians.
The fundamental duty of government is to protect its citizens. Please grant all of us equal protection to enjoy the fruits of our labor.
OC Helps Hurricane Victims
Various Orange County departments have been meeting to assess their resources and ways in which they can contribute to the Katrina relief effort. The Health Care agency has sent several employees to New Orleans and surrounding areas. Four OC public health nurses have been dispatched for a 3 week deployment providing care and services at shelters through the American Red Cross. Two additional OC staff members are providing front line medical care as part of Disaster Medical Assistance Teams, with several others teams on-call to provide relief to those already onsite. Also, a physician is in New Orleans as part of an urban search and rescue team.
The Sheriff’s deputies have loaded a 40-foot semi-trailer with supplies and equipment headed to New Orleans. The County is working with other local agencies, community groups, and individual citizens to prepare to accept victims from the affected area if the state is asked to do so.
Katrina is also a wake up call for us to reassess our own disaster preparedness here in Orange County. Much attention has been given to terrorism, but natural disasters remain our biggest threat.
If you are interested in helping those affected by Hurricane Katrina please contact the American Red Cross at (800) HELP-NOW or (800) 257-7575. |
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