SACRAMENTO — Californians on Tuesday rejected a state ballot measure that would have phased out rent control and barred government agencies from taking homes, businesses and farms for private development.
While Proposition 98 was falling short, voters approved Proposition 99, a more narrowly drawn competing measure that prohibits government agencies from using eminent domain powers to force the sale of owner-occupied residences for private projects.
The backers of Proposition 99 declared victory and the backers of Proposition 98 conceded defeat, but appealed to the governor and Legislature to expand homeowner protections.
"By placing a second eminent domain measure on the ballot, opponents of private property rights created enough confusion between the ballot measures to defeat Proposition 98," said Jon Coupal, president of the Howard Jarvis Taxpayers Assn. "Proposition 99's loopholes will allow eminent domain abuse to continue."
Opponents of Proposition 98 charged that the measure was sold as eminent domain reform when its real purpose was to eliminate rent control.
"The voters saw that Proposition 98 was a deceptive initiative -- in fact, the worst kind of ballot abuse where a populist issue is used to conceal an attack on renters, the environment, homeowners and our communities," said Tom Adams, board president of the California League of Conservation Voters.
Tuesday's primary election was plagued by low turnout, one result of a decision to split off the state's presidential primary and hold it in February.
Less than one-third of registered voters were expected to vote by mail and in person Tuesday, said Stephen Weir, the Contra Costa County clerk-recorder who heads the statewide association of elections officials.
Under current state law, government agencies can use eminent domain powers to force property owners to sell for fair market value and can then sell the land or buildings at a discount to a developer for construction of a mall or other profit-making venture.
Proposition 98, which was backed mostly by landlord groups, would have changed the state Constitution to phase out rent control in addition to barring agencies from forcing property owners to sell their property for use by private developers; it would have allowed the use of eminent domain to take property for public uses, such as schools and roads.
Proposition 99 was placed on the ballot as a competing measure by associations representing cities, counties and renters.
