The Fair Payment for Public Benefit Act
Under current law the County can enact land use restrictions that significantly and adversely impact the value of private property, yet owe the impacted property owners nothing. The County position has been that if any economic value remains in an impacted property, then no legal “taking” has occurred and therefore no compensation is due the property owner.
This policy is unfair to property owners, and should be changed. Individual property owners should not be forced to disproportionately bear the costs of securing public benefits. If land use restrictions are enacted to secure some public benefits, then the cost of securing them should be apportioned fairly among those who benefit.
The Fair Payment for Public Benefit Act is a voter initiative that provides that individual property owners suffering a decrease in property value caused by new land use restrictions be fairly compensated for their loss or be entitled to have the new restrictions removed.
The Fair Payment for Public Benefit Act:
- Does not change the Board’s authority to enact new restrictions.
- Merely requires the Board to consider the costs of its actions and to apportion those costs fairly.
- Has no retroactive impact beyond its petition filing date.
- Does not require compensation for existing land use restrictions.
- Merely provides property owners some protection from new restrictions imposed after the petition filing date.
- Does not threaten the Ag Preserve or Measure J
- Does not encourage development.
- Does not change any zoning or allow any new uses.
- Does not change any existing land use regulations.
- Where new restrictions cause compensable damage, it provides flexibility to ease restrictions on a case by case basis or to enter into compromise solutions without costing the County a penny.
The Fair Payment for Public Benefit Act is reasonable and fair, and its provisions should have been part of County policy all along. Please support the ordinance that says we agree to be fair to all people. When the Fair Payment for Public Benefit Act appears on the ballot next June, please VOTE YES.