The passage of Proposition 99, which bars local governments from using eminent-domain power to acquire an owner-occupied house and giving the property to a developer, isn't expected to drastically affect redevelopment projects in Fresno.
About 67.5% of the state's voters supported the measure, defeating the more restrictive Proposition 98, a competing proposal.
None of the projects under way in Fresno that could trigger the city's eminent-domain power contains any owner-occupied houses, and the Redevelopment Agency's philosophy is to not acquire such properties through eminent domain, said Marlene Murphey, redevelopment director.
In eminent domain, governments can seize properties in return for paying the owners fair market value.
The proposed Running Horse Country Club project, which is not in a redevelopment area, does contain a few owner-occupied houses, but no developer has stepped forward to replace celebrity developer Donald Trump, who couldn't reach agreement with city officials after negotiations last year.
A major snag in the Running Horse project was the issue of eminent domain. Trump insisted the city commit to its use, while Mayor Alan Autry said he wouldn't, preferring to negotiate with the owners. "There are only a few houses on those parcels," said Scott Johnson, the city's economic development director. "But right now there is no proposal."
Proposition 99 does not apply to public projects. The new legislation is important to homeowners threatened by a development proposal, said Brandon Castillo, consultant for the No on 98, Yes on 99 campaign.
"This is a big deal for homeowners," he said. "It allows for revitalization of blighted commercial corridors while affording homeowners strong new protections."
The passage of Prop. 99 could affect a large-scale proposal in Baldwin Park in Southern California. There, more than 200 houses and businesses could be moved to make way for a hotel, luxury homes and a charter school. Many local governments have formal or informal policies to not use eminent domain to acquire owner-occupied houses, but newly elected councils and mayors can change those.
"Homes are now constitutionally protected forever," Castillo said.
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