Consider Adoption of Resolution 2008-05, A resolution EXPRESSINGOpposition to California proposition 98


Meeting Date:

April 21, 2008





Darby Fuerst,




General Manager

Line Item No.:




Prepared By:

Darby Fuerst

Cost Estimate:






General Counsel Approval:N/A



SUMMARY:Director Pendergrass has requested that this item be added to the Boardís April 21, 2008 agenda to encourage the Board to take a position on Proposition 98.Proposition 98, which could substantially change Californiaís eminent domain law, will be on the June, 5, 2008 ballot.Absentee ballots for this election are expected to be mailed in early May.††††


California Proposition 98, called the California Property Owners and Farmland Protection Act, is an initiative that, if approved, would amend the California Constitution to impose new limits on the use of eminent domain to acquire private property for a variety of purposes.Some legal experts have indicated that Proposition 98 could be interpreted to prevent the use of eminent domain to acquire land for water storage projects and other facilities.It is possible that Proposition 98, if approved, could limit the Districtís ability to develop certain water supply projects.


Proposition 98 is supported by a number of property rights protection organizations and tax payer groups including the California Alliance to Protect Private Property Rights and the Howard Jarvis Taxpayers Association. Proposition 98 is opposed by a number of agencies and associations including the Association of California Water Agencies (ACWA), California Special Districts Association (CSDA), and the League of California Cities.†††


RECOMMENDATION:District staff recommends approval of Resolution 2008-05, A Resolution of the Board of Directors of the Monterey Peninsula Water Management District Expressing Opposition to Proposition 98.



26X-A Resolution 2008-05