AB 62: Racially motivated eminent domain.

The California Constitution authorizes governmental entities to take or damage private property for public use only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner.

The Eminent Domain Law provides the procedure for the exercise of the constitutional power and authorizes public entities, as defined, to acquire property only for a public use, while specifying that the law does not require that the power of eminent domain be exercised.

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 state the intent of the Legislature to enact legislation that would assist victims of racially motivated eminent domain in seeking the return of the taken property, other property of equal value, or financial compensation.