Bill Text: CA SB1050 | 2023-2024 | Regular Session | Enrolled
Bill Title: California American Freedmen Affairs Agency: racially motivated eminent domain.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Vetoed) 2024-09-25 - In Senate. Consideration of Governor's veto pending. [SB1050 Detail]
Download: California-2023-SB1050-Enrolled.html
|
Enrolled
September 03, 2024 |
|
Passed
IN
Senate
August 29, 2024 |
|
Passed
IN
Assembly
August 28, 2024 |
|
Amended
IN
Assembly
June 12, 2024 |
|
Amended
IN
Senate
May 16, 2024 |
|
Amended
IN
Senate
April 03, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1050
| Introduced by Senator Bradford (Coauthor: Senator Smallwood-Cuevas) (Coauthors: Assembly Members Bonta, Bryan, Gipson, Holden, Jackson, Jones-Sawyer, Kalra, McCarty, McKinnor, Wilson, and Weber) |
February 07, 2024 |
An act to amend Section 11041 of, and to add Chapter 4 (commencing with Section 16005) to Part 14 of Division 3 of Title 2 of, the Government Code, relating to state government.
LEGISLATIVE COUNSEL'S DIGEST
SB 1050, Bradford.
California American Freedmen Affairs Agency: racially motivated eminent domain.
Existing law establishes, until January 1, 2030, the Racial Equity Commission within the Office of Planning and Research and requires the commission to develop resources, best practices, and tools for advancing racial equity by, among other things, developing a statewide Racial Equity Framework that includes methodologies and tools that can be employed to advance racial equity and address structural racism in California.
This bill would require the Office of Legal Affairs, which would be established within the California American Freedmen Affairs Agency as provided by SB 1403 of the 2023–24 Regular Session, to, upon appropriation by the Legislature, review, investigate, and make certain determinations regarding applications from persons who claim they are the
dispossessed owner, as defined, of property taken as a result of racially motivated eminent domain. The bill would define “racially motivated eminent domain” to mean when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the taking, and the taking, or the failure to provide just compensation, was due, in whole or in part, to the owner’s ethnicity or race. Upon a determination that providing property or just compensation is warranted, as provided, the bill would require the Office of Legal Affairs to certify that the dispossessed owner is entitled to the return of the taken property, as specified, or other publicly held property, as defined, of equal value, or financial compensation, as specified. Upon a determination that the dispossessed owner is entitled to other publicly held property of equal value, the bill would require the Office of Legal Affairs to solicit and select, as specified, a list of recommendations of publicly held properties that are suitable as compensation, as provided. Upon a rejection of the determination of the Office of Legal Affairs by the state or local agency that took property by racially motivated eminent domain, the bill would authorize the dispossessed owner, as specified, to bring an action to challenge the taking or the amount of compensation, as provided. Upon a determination that an applicant is not a
dispossessed owner or issuing property or just compensation is not warranted, the bill would require the Office of Legal Affairs to notify the applicant of its finding and provide an appeal process, as specified. The bill would make every finding, decision, determination, or other official act of the California American Freedmen Affairs Agency subject to judicial review.
Existing law generally prohibits state agencies from employing in-house counsel to act on behalf of the agency or its employees in judicial or administrative adjudicative proceedings, but exempts specified agencies from this provision.
This bill would exempt the California American Freedmen Affairs Agency from that provision.
This bill would make related findings and declarations, including those related to a gift of public funds.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11041 of the Government Code is amended to read:11041.
(a) Section 11042 does not apply to the Regents of the University of California, the Trustees of the California State University, Legal Division of the Department of Transportation, Division of Labor Standards Enforcement of the Department of Industrial Relations, Workers’ Compensation Appeals Board, Public Utilities Commission, State Compensation Insurance Fund, Legislative Counsel Bureau, Inheritance Tax Department, Secretary of State, State Lands Commission, Alcoholic Beverage Control Appeals Board (except when the board affirms the decision of the Department of Alcoholic Beverage Control), Department of Cannabis Control (except in proceedings in state or federal court), State Department of Education, Department of Financial Protection and Innovation, the California American Freedmen Affairs Agency, and Treasurer with respect to bonds, nor to any other state agency which, by law enacted after Chapter 213 of the Statutes of 1933, is authorized to employ legal counsel.(b) The Trustees of the California State University shall pay the cost of employing legal counsel from their existing resources.
SEC. 2.
Chapter 4 (commencing with Section 16005) is added to Part 14 of Division 3 of Title 2 of the Government Code, to read:CHAPTER 4. Restitution for Race-Based Eminent Domain
16005.
(a) The Legislature finds and declares that it is in the public interest to compensate victims of racially motivated eminent domain, which deprived persons of just compensation for their property due to racially discriminatory motives. The unjust taking of land without fair compensation destroyed communities, forced many from their historical neighborhoods, deprived those persons of the fair value of their property, and, in many cases, prevented the accumulation of generational wealth. Providing compensation to these victims of racial discrimination will restore the value of wrongfully taken property to dispossessed owners and hold government entities responsible for those wrongful discriminatory acts.(b) This chapter shall govern the procedure by which dispossessed owners and their descendants may seek a determination that they were the victims of racially motivated eminent domain and seek the return of the taken property, other property of equal value, or financial compensation.
16006.
(a) For purposes of this section, the following definitions apply:(1) “Dispossessed owner” means a person who has had property taken from them by the state, county, city, city and county, district, or other political subdivision of the state without just compensation as a result of racially motivated eminent domain, or a direct descendant of the person whose property was taken.
(2) “Publicly held property” means property that is owned by the state or local agency that took possession
of the property that is the subject of an application submitted pursuant to this section.
(3) “Racially motivated eminent domain” means when the state, county, city, city and county, district, or other political subdivision of the state acquires private property for public use and does not distribute just compensation to the owner at the time of the taking, and the taking, or the failure to provide just compensation, was due, in whole or in part, to the owner’s ethnicity or race.
(b) Upon appropriation by the Legislature, the Office of Legal Affairs within the California American Freedmen Affairs Agency shall do all of the following:
(1) Accept applications from persons who claim they are the dispossessed owner of property taken as a result of racially motivated eminent domain.
(2) (A) Review and
investigate applications submitted under paragraph (1).
(B) As part of its review, the Office of Legal Affairs may request submission of additional information supporting the application that is reasonably necessary to verify the application, determine whether the applicant is a dispossessed owner, and determine whether the taking was racially motivated. If the office makes a request for additional documentation, it shall communicate that request to the applicant with a notice of the additional information required. The office shall consider any additional information provided by the applicant within 30 days of the receipt of the notice.
(3) After reviewing all of the relevant materials, determine whether the applicant is a dispossessed owner of property taken through racially motivated eminent domain.
(4) (A) If the Office of Legal Affairs determines that an applicant has established that they are a dispossessed owner under paragraph (3), the office shall determine:
(i) The
present-day fair market value of the property that was taken from them by the state, county, city, city and county, district, or other political subdivision of the state as a result of racially motivated eminent domain.
(ii) Whether issuing property or just compensation to that dispossessed owner would serve to redress past acts of racial discrimination, prevent future acts of racial discrimination, and benefit the whole of the community and its general welfare.
(B) If the Office of Legal Affairs determines that providing property or just compensation is warranted under clause (ii) of subparagraph
(A), the Office of Legal Affairs shall certify that the dispossessed owner is entitled to the return of the taken property if it is still in possession of the public entity that did the taking, other publicly held property of equal value, or financial compensation.
(C) If just compensation is warranted, that compensation from the state or local agency shall be in the amount of the fair market value of the property, as determined pursuant to clause (i) of subparagraph (A), minus the amount paid at the time of the taking, adjusted for inflation.
(D) If the Office of Legal Affairs determines, pursuant to subparagraph (B), that the dispossessed owner is entitled to other publicly held property of equal value, it shall solicit and select from the state or other jurisdiction, as applicable, a list of recommendations of publicly held
properties that are suitable as compensation. If no publicly held property is suitable as compensation, the Office of Legal Affairs shall determine an amount of just compensation pursuant to subparagraph (C).
(E) (i) If the state or local agency that took property by racially motivated eminent domain rejects the determination of the Office of Legal Affairs, the dispossessed owner who is entitled to compensation as determined by the Office of Legal Affairs may bring an action to challenge the taking or the amount of compensation under the relevant provisions of the Eminent Domain Law (Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure).
(ii) An action brought pursuant to this subparagraph shall not be subject to the statute of limitations, whether the action is brought before or after the enactment of this chapter.
(F) Nothing in this chapter shall be a basis for disturbing or invalidating the title to any property taken by racially motivated eminent domain, other than through the procedures set forth in this section.
(5) If the Office of Legal Affairs determines that an applicant is not a
dispossessed owner or that issuing property or just compensation is not warranted, the office shall notify the applicant of its finding. The applicant may appeal the determination within 60 days of receiving the notice and provide additional information to support their claim. The office shall consider the appeal and any new information provided and issue a determination on the appeal within 120 days.
(c) Every finding, decision, determination, or other official act of the California American Freedmen Affairs Agency is subject to judicial review in accordance with law.
