Sep 19, 2006

CJAC Opposes Proposition 90

Initiative Would Result in Wasteful Litigation and Excessive Liability

SACRAMENTO - The Civil Justice Association of California (CJAC) today announced its opposition to Proposition 90 on the November 7 ballot. The association’s review of the measure led to the conclusion that the measure’s harmful litigation and liability effects would greatly outweigh whatever improvements it might make in eminent domain practices in California.

“When added together, problems of defining ‘property,’ uncertain and overbroad standing to sue, and the potential for speculative lawsuits, make us conclude that Proposition 90 is not a good package,” said John H. Sullivan, CJAC President. “In the end, taxpayers would have to pick up the tab for these flaws.”

He emphasized that the Civil Justice Association, in opposing the initiative, takes no position on whether the eminent domain provisions in current state law are adequate or could be improved upon.

The Civil Justice Association of California is a non-profit, membership-supported coalition of citizens, taxpayers, businesses, local governments, professionals, manufacturers, financial institutions, insurers, and medical organizations. It is active in both the Legislature and the courts, working to reduce the excessive and unwarranted litigation that increases business and government expenses, discourages innovation, and unnecessarily drives up costs for consumers, taxpayers, and business people.