Civil Rights Department: racially motivated eminent domain.

Plain English Breakdown

The bill's status is currently vetoed and it remains uncertain whether lawmakers will override this decision.

Civil Rights Department: Racially Motivated Eminent Domain

AB-62 requires the Civil Rights Department to review and investigate claims that property was taken through racially motivated eminent domain, allowing affected owners to seek compensation or return of their property upon appropriation by the Legislature.

What This Bill Does

• Creates a process for the Civil Rights Department to review claims where private property was taken by government entities due to racial bias, upon appropriation by the Legislature.
• Defines 'racially motivated eminent domain' as when property is taken without fair payment because of the owner's race or ethnicity.
• Allows dispossessed owners to receive their original property back, equal value public property, or financial compensation if found eligible, upon appropriation by the Legislature.
• Gives dispossessed owners legal rights to challenge decisions made by government agencies regarding their claims.
• Exempts the Civil Rights Department from a rule that prevents state agencies from using in-house lawyers for certain cases.

Who It Names or Affects

• People who believe they lost property due to racial bias when it was taken by the government, upon appropriation by the Legislature.
• Government entities like cities, counties, and districts involved in taking private property without fair payment based on race or ethnicity.
• The Civil Rights Department which will handle these claims.

Terms To Know

Eminent Domain

When the government takes private property for public use with just compensation.

Dispossessed Owner

A person who lost their property due to racially motivated eminent domain.

Limits and Unknowns

• The bill was vetoed by the governor, but it's possible lawmakers could override this decision.
• It only applies if the Legislature provides funding for the Civil Rights Department to handle these cases.
• Details about how compensation or property return will be handled are not fully explained.

Official Summary Text

AB 62, McKinnor.
Civil Rights Department: 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. Existing law, the California Fair Employment and Housing Act, establishes the Civil Rights Department and sets forth its powers and duties, including, among others, receiving, investigating, and prosecuting complaints alleging violations of civil rights, as specified.
This bill would require the Civil Rights Department (department), 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 department 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 department 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 department 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 department to notify the applicant of its finding and provide an appeal process, as
specified. The bill would require the department to prioritize processing applications for claims made by the individual or individuals who held legal title to the affected property at the time of its taking, as specified. The bill would make every finding, decision, determination, or other official act of the department 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 specified judicial or administrative adjudicative proceedings, but exempts specified agencies from this provision.
This bill would exempt the Civil Rights Department from that provision, as specified.
This bill would make related findings and declarations, including those related to a gift of public funds.

Current Bill Text

Download Bill PDF