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Prop. 90 Threatens Conservation and Environmental Protection Efforts

[Download PDF of this Fact Sheet]

Proponents are trying to sell Prop. 90 as eminent domain reform, but hidden in the fine print of the measure are extreme provisions that would erode our ability to pass laws that protect natural resources, wildlife and habitat, ensure water quality and adequate water supplies, and regulate growth and development.

Prop. 90's far-reaching provisions allow virtually anyone to sue claiming a new law or regulation has impacted the value of their property or business—no matter how far-fetched the claim. These new "pay to protect" provisions mean taxpayers pay, or state and local governments would be unable to enact even the most basic protections of our environment and quality of life.

Leading Conservation Groups Oppose Proposition 90.

Unless Prop. 90 is defeated:

• Wetlands would be threatened. Compensation requirements would be triggered whenever development on or around wetlands was restricted by local or state agencies. If the agency is unwilling or unable to pay these claims, it would be forced to allow development near sensitive wetlands. Efforts to persuade local governments to adopt buffer zones around key wetlands would also be cost-prohibitive or impossible.
• Protecting open space and agricultural land would be much more difficult. Prop. 90 requires new levels of inflated payouts to property owners whenever land or conservation easements are acquired. This could make conservation efforts so prohibitively expensive that many will simply not be done. Funds for refuge protections included in Prop. 84, also on this November's ballot, would be impacted by Prop. 90. Projects will end up costing much more, and far less will get done. Read more on this topic: Prop. 90 would threaten land conservation and land trusts.
• Responsible planning will be replaced with sprawl and uncontrolled development. Urban limit lines and other growth control measures could arguably diminish the possible future value of property and therefore require compensation under Prop. 90. Even routine land-use and general plan updates, or local project approvals could be subject to Prop. 90's payout provisions. For example, if a developer claims a property could hold more homes than a local government will allow to be built, the developer could sue and taxpayers would be on the hook for the value of the property at the denser level, even though the community could not handle or did not want such a development.
• New CEQA mitigations to protect wildlife and natural resources would be impacted. While Prop. 90 exempts existing laws, any new decisions under existing laws such as requiring mitigation under CEQA would trigger payments under Prop. 90, making those requirements much more costly to enact. Read more on this topic: Prop. 90 would threaten fish & game in California.
• Water supply and water quality would be at risk. If voters or state or local governments pass laws to maintain or improve water supply or quality for species protection, such as waterfowl, salmon, delta fish, plants, or for maintaining the beauty of natural treasures like Lake Tahoe, Prop. 90 would require the state make huge payments to prevent the spoiling of our waterways. If agencies can't afford the payments, they could be left with no choice but to allow the harmful action.
• Protection of old growth forests would be harder to accomplish. Approval of new timber harvest permits could trigger payouts because companies could sue if the number of trees authorized to be harvested was less than they desired.
• Protecting endangered or threatened wildlife and habitats would become more difficult. Any new or expanded protections of endangered or threatened wildlife and habitat could trigger payouts under Prop. 90 to those who claim these protections have caused them substantial economic loss—making wildlife and habitat protections cost-prohibitive or impossible to enact.
• Efforts to protect our coastline would be threatened. Any new action to protect our coast could trigger Prop. 90 payouts including new restrictions on off-shore oil and gas drilling, approval of new coastal development permits by the Coastal Commission and designations of marine reserves to protect fish or other ocean habitat.

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