In less than forty-eight hours California voters will determine the outcome of two ballot measures focused primarily on limiting the power of state and local governments to use eminent domain.  Proposition 98 and Proposition 99 offer differing approaches to the issue. 

But first, what is eminent domain?  Eminent domain is defined as the right of the government to take private property from an owner, for the public good, paying fair market value.  For example, building a highway, school, water project or some other "public" good may require a state or local government to acquire land through the process of eminent domain, or the involuntary transfer of title by the operation of law. 

According to their ballot statements Proposition 98 "bars state and local governments from taking or damaging private property for private uses.  Prohibits rent control and similar measures.  Eliminates deference to government in property rights cases.  Change condemnation rules."  For more information from the proponents of Propostion 98 please visit Yes on Prop 98.

Proposition 99 "bars use of eminent domain to acquire an owner-occupied residence for conveyance to a private person or business entity.  Creates exceptions for public works, public health and safety, and crime prevention."  For more information from the proponents of Proposition 99 please visit Yes on Prop 99.

Whichever "side" wins in this election will change the ability of governments in California to exercise the transfer of private property.  Stay tuned to see what happens.