2007 Supplement to Redevelopment in California, 2004 (third) edition
ISBN 978-0-923956-27-1 $20.00
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About the 2007 Supplement
Since the publication of the 2004 (third) edition of Redevelopment in California, and particularly in 2006, there have been a number of significant changes in the law affecting redevelopment. Many of these changes were in reaction to the United States Supreme Court decision in Kelo v. City of New London (22 545 U.S. 469, in which the Court held, in a 5-4 decision, that private property could be acquired by eminent domain and conveyed to a private developer for the purpose of economic development). Although most legal experts agreed that Kelo did not affect the law in California, the case quickly spawned a number of legislative and initiative proposals around the country. The November 2006 ballot in California included Proposition 90, a wider initiative that would have prohibited the use of eminent domain for any private development. Even more significantly, it would have required that property owners be compensated for so-called "regulatory takings," such as height restrictions, environmental requirements, downzoning, etc. Proposition 90 was defeated by a narrow margin; however, it is quite possible that a similar initiative may be proposed in the near future.
The state legislature also responded to Kelo. It adopted one major redevelopment reform bill (SB 1206), several other bills making less significant changes to redevelopment law (SB 53, SB 1650, and SB 1809), as well as SB 1210, which modified the eminent domain law applicable to all condemning authorities. The changes to the redevelopment plan adoption and amendment process are significant enough that chapter 3 of the book, Adoption of Redevelopment Plan, has been revised in its entirety.
The discussions in other chapters provide updates on the statutes, cases, and regulations affecting the implementation of redevelopment plans, including eminent domain, affordable housing, prevailing wage requirements, environmental issues, and military base reuse. In addition, this Supplement includes a revised Illustrative Time Schedule and Procedural Guide for the Adoption of a Redevelopment Plan, as well as a CD that contains the entire text of the Community Redevelopment Law, with the 2007 changes highlighted, that can be downloaded and printed.
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