CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1050Introduced by Senator Bradford(Coauthor: Senator Smallwood-Cuevas)(Coauthor: Assembly Member Jackson)February 07, 2024 An act 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 DIGESTSB 1050, as introduced, 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 the Chief Financial Officer, which would be established within the California American Freedmen Affairs Agency as provided by SB 490 of the 202324 Regular Session, to, upon appropriation by the Legislature, create and update a database of people who have had property taken from them by the state without just compensation as a result of racially motivated eminent domain, as provided. The bill would define racially motivated eminent domain to mean when the state acquires private property for public use and does not distribute just compensation at the time of the taking due to racist or discriminatory motives. The bill would authorize the Office of the Chief Financial Officer to distribute just compensation to a person identified in that database for the present-day fair market value of the property that was taken from them by the state as result of racially motivated eminent domain, if the Chief Financial Officer determines that issuing just compensation to that person 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.This bill would also require the Office of Strategic Communications and Media Affairs, which would be established within the California American Freedmen Affairs Agency as provided by SB 490 of the 202324 Regular Session, to develop and implement a public education campaign regarding discriminatory housing and urban planning practices by the state, as specified.This bill would make findings and declarations related to a gift of public funds.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. 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 Domain16005. (a) For purposes of this section, the following definitions apply:(1) Racially motivated eminent domain means when the state acquires private property for public use and does not distribute just compensation at the time of the taking due to racist or discriminatory motives.(2) Rightful owner means a person who has had property taken from them by the state without just compensation as a result of racially motivated eminent domain.(b) Upon appropriation by the Legislature, the Office of the Chief Financial Officer within the California American Freedmen Affairs Agency shall do all of the following: (1) Research and document state properties acquired as a result of racially motivated eminent domain, and document the person who owned that property when it was acquired by the state.(2) Review and investigate public complaints from people who claim their property was taken without just compensation as a result of racially motivated eminent domain.(3) By January 1, 2026, create a database, to be updated annually thereafter, of rightful owners identified pursuant to paragraph (1) and confirmed to have been the victim of racially motivated eminent domain after investigation pursuant to paragraph (2).(c) (1) Subject to paragraph (2), the Office of the Chief Financial Officer may distribute, upon appropriation by the Legislature, just compensation to a rightful owner identified in the database created pursuant to paragraph (3) of subdivision (b) for the present-day fair market value of the property that was taken from them by the state as result of racially motivated eminent domain.(2) Just compensation shall be distributed only upon a determination by the Chief Financial Officer that issuing just compensation to that rightful 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.16006. The Office of Strategic Communications and Media Affairs within the California American Freedmen Affairs Agency shall develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion, the connection between redlining and gentrification, and the history of discriminatory urban planning in the state.SEC. 2. The Legislature finds and declares that the addition of Chapter 4 (commencing with Section 16005) to Part 14 of Division 3 of Title 2 of the Government Code by this act serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution by redressing past acts of racial discrimination, preventing future acts of racial discrimination, and benefitting the whole of the community and its general welfare.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1050Introduced by Senator Bradford(Coauthor: Senator Smallwood-Cuevas)(Coauthor: Assembly Member Jackson)February 07, 2024 An act 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 DIGESTSB 1050, as introduced, 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 the Chief Financial Officer, which would be established within the California American Freedmen Affairs Agency as provided by SB 490 of the 202324 Regular Session, to, upon appropriation by the Legislature, create and update a database of people who have had property taken from them by the state without just compensation as a result of racially motivated eminent domain, as provided. The bill would define racially motivated eminent domain to mean when the state acquires private property for public use and does not distribute just compensation at the time of the taking due to racist or discriminatory motives. The bill would authorize the Office of the Chief Financial Officer to distribute just compensation to a person identified in that database for the present-day fair market value of the property that was taken from them by the state as result of racially motivated eminent domain, if the Chief Financial Officer determines that issuing just compensation to that person 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.This bill would also require the Office of Strategic Communications and Media Affairs, which would be established within the California American Freedmen Affairs Agency as provided by SB 490 of the 202324 Regular Session, to develop and implement a public education campaign regarding discriminatory housing and urban planning practices by the state, as specified.This bill would make findings and declarations related to a gift of public funds.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 1050
Introduced by Senator Bradford(Coauthor: Senator Smallwood-Cuevas)(Coauthor: Assembly Member Jackson)February 07, 2024
Introduced by Senator Bradford(Coauthor: Senator Smallwood-Cuevas)(Coauthor: Assembly Member Jackson)
February 07, 2024
An act 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
## LEGISLATIVE COUNSEL'S DIGEST
SB 1050, as introduced, 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 the Chief Financial Officer, which would be established within the California American Freedmen Affairs Agency as provided by SB 490 of the 202324 Regular Session, to, upon appropriation by the Legislature, create and update a database of people who have had property taken from them by the state without just compensation as a result of racially motivated eminent domain, as provided. The bill would define racially motivated eminent domain to mean when the state acquires private property for public use and does not distribute just compensation at the time of the taking due to racist or discriminatory motives. The bill would authorize the Office of the Chief Financial Officer to distribute just compensation to a person identified in that database for the present-day fair market value of the property that was taken from them by the state as result of racially motivated eminent domain, if the Chief Financial Officer determines that issuing just compensation to that person 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.This bill would also require the Office of Strategic Communications and Media Affairs, which would be established within the California American Freedmen Affairs Agency as provided by SB 490 of the 202324 Regular Session, to develop and implement a public education campaign regarding discriminatory housing and urban planning practices by the state, as specified.This bill would make findings and declarations related to a gift of public funds.
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 the Chief Financial Officer, which would be established within the California American Freedmen Affairs Agency as provided by SB 490 of the 202324 Regular Session, to, upon appropriation by the Legislature, create and update a database of people who have had property taken from them by the state without just compensation as a result of racially motivated eminent domain, as provided. The bill would define racially motivated eminent domain to mean when the state acquires private property for public use and does not distribute just compensation at the time of the taking due to racist or discriminatory motives. The bill would authorize the Office of the Chief Financial Officer to distribute just compensation to a person identified in that database for the present-day fair market value of the property that was taken from them by the state as result of racially motivated eminent domain, if the Chief Financial Officer determines that issuing just compensation to that person 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.
This bill would also require the Office of Strategic Communications and Media Affairs, which would be established within the California American Freedmen Affairs Agency as provided by SB 490 of the 202324 Regular Session, to develop and implement a public education campaign regarding discriminatory housing and urban planning practices by the state, as specified.
This bill would make findings and declarations related to a gift of public funds.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. 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 Domain16005. (a) For purposes of this section, the following definitions apply:(1) Racially motivated eminent domain means when the state acquires private property for public use and does not distribute just compensation at the time of the taking due to racist or discriminatory motives.(2) Rightful owner means a person who has had property taken from them by the state without just compensation as a result of racially motivated eminent domain.(b) Upon appropriation by the Legislature, the Office of the Chief Financial Officer within the California American Freedmen Affairs Agency shall do all of the following: (1) Research and document state properties acquired as a result of racially motivated eminent domain, and document the person who owned that property when it was acquired by the state.(2) Review and investigate public complaints from people who claim their property was taken without just compensation as a result of racially motivated eminent domain.(3) By January 1, 2026, create a database, to be updated annually thereafter, of rightful owners identified pursuant to paragraph (1) and confirmed to have been the victim of racially motivated eminent domain after investigation pursuant to paragraph (2).(c) (1) Subject to paragraph (2), the Office of the Chief Financial Officer may distribute, upon appropriation by the Legislature, just compensation to a rightful owner identified in the database created pursuant to paragraph (3) of subdivision (b) for the present-day fair market value of the property that was taken from them by the state as result of racially motivated eminent domain.(2) Just compensation shall be distributed only upon a determination by the Chief Financial Officer that issuing just compensation to that rightful 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.16006. The Office of Strategic Communications and Media Affairs within the California American Freedmen Affairs Agency shall develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion, the connection between redlining and gentrification, and the history of discriminatory urban planning in the state.SEC. 2. The Legislature finds and declares that the addition of Chapter 4 (commencing with Section 16005) to Part 14 of Division 3 of Title 2 of the Government Code by this act serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution by redressing past acts of racial discrimination, preventing future acts of racial discrimination, and benefitting the whole of the community and its general welfare.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. 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 Domain16005. (a) For purposes of this section, the following definitions apply:(1) Racially motivated eminent domain means when the state acquires private property for public use and does not distribute just compensation at the time of the taking due to racist or discriminatory motives.(2) Rightful owner means a person who has had property taken from them by the state without just compensation as a result of racially motivated eminent domain.(b) Upon appropriation by the Legislature, the Office of the Chief Financial Officer within the California American Freedmen Affairs Agency shall do all of the following: (1) Research and document state properties acquired as a result of racially motivated eminent domain, and document the person who owned that property when it was acquired by the state.(2) Review and investigate public complaints from people who claim their property was taken without just compensation as a result of racially motivated eminent domain.(3) By January 1, 2026, create a database, to be updated annually thereafter, of rightful owners identified pursuant to paragraph (1) and confirmed to have been the victim of racially motivated eminent domain after investigation pursuant to paragraph (2).(c) (1) Subject to paragraph (2), the Office of the Chief Financial Officer may distribute, upon appropriation by the Legislature, just compensation to a rightful owner identified in the database created pursuant to paragraph (3) of subdivision (b) for the present-day fair market value of the property that was taken from them by the state as result of racially motivated eminent domain.(2) Just compensation shall be distributed only upon a determination by the Chief Financial Officer that issuing just compensation to that rightful 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.16006. The Office of Strategic Communications and Media Affairs within the California American Freedmen Affairs Agency shall develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion, the connection between redlining and gentrification, and the history of discriminatory urban planning in the state.
SECTION 1. Chapter 4 (commencing with Section 16005) is added to Part 14 of Division 3 of Title 2 of the Government Code, to read:
### SECTION 1.
CHAPTER 4. Restitution for Race-Based Eminent Domain16005. (a) For purposes of this section, the following definitions apply:(1) Racially motivated eminent domain means when the state acquires private property for public use and does not distribute just compensation at the time of the taking due to racist or discriminatory motives.(2) Rightful owner means a person who has had property taken from them by the state without just compensation as a result of racially motivated eminent domain.(b) Upon appropriation by the Legislature, the Office of the Chief Financial Officer within the California American Freedmen Affairs Agency shall do all of the following: (1) Research and document state properties acquired as a result of racially motivated eminent domain, and document the person who owned that property when it was acquired by the state.(2) Review and investigate public complaints from people who claim their property was taken without just compensation as a result of racially motivated eminent domain.(3) By January 1, 2026, create a database, to be updated annually thereafter, of rightful owners identified pursuant to paragraph (1) and confirmed to have been the victim of racially motivated eminent domain after investigation pursuant to paragraph (2).(c) (1) Subject to paragraph (2), the Office of the Chief Financial Officer may distribute, upon appropriation by the Legislature, just compensation to a rightful owner identified in the database created pursuant to paragraph (3) of subdivision (b) for the present-day fair market value of the property that was taken from them by the state as result of racially motivated eminent domain.(2) Just compensation shall be distributed only upon a determination by the Chief Financial Officer that issuing just compensation to that rightful 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.16006. The Office of Strategic Communications and Media Affairs within the California American Freedmen Affairs Agency shall develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion, the connection between redlining and gentrification, and the history of discriminatory urban planning in the state.
CHAPTER 4. Restitution for Race-Based Eminent Domain16005. (a) For purposes of this section, the following definitions apply:(1) Racially motivated eminent domain means when the state acquires private property for public use and does not distribute just compensation at the time of the taking due to racist or discriminatory motives.(2) Rightful owner means a person who has had property taken from them by the state without just compensation as a result of racially motivated eminent domain.(b) Upon appropriation by the Legislature, the Office of the Chief Financial Officer within the California American Freedmen Affairs Agency shall do all of the following: (1) Research and document state properties acquired as a result of racially motivated eminent domain, and document the person who owned that property when it was acquired by the state.(2) Review and investigate public complaints from people who claim their property was taken without just compensation as a result of racially motivated eminent domain.(3) By January 1, 2026, create a database, to be updated annually thereafter, of rightful owners identified pursuant to paragraph (1) and confirmed to have been the victim of racially motivated eminent domain after investigation pursuant to paragraph (2).(c) (1) Subject to paragraph (2), the Office of the Chief Financial Officer may distribute, upon appropriation by the Legislature, just compensation to a rightful owner identified in the database created pursuant to paragraph (3) of subdivision (b) for the present-day fair market value of the property that was taken from them by the state as result of racially motivated eminent domain.(2) Just compensation shall be distributed only upon a determination by the Chief Financial Officer that issuing just compensation to that rightful 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.16006. The Office of Strategic Communications and Media Affairs within the California American Freedmen Affairs Agency shall develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion, the connection between redlining and gentrification, and the history of discriminatory urban planning in the state.
CHAPTER 4. Restitution for Race-Based Eminent Domain
CHAPTER 4. Restitution for Race-Based Eminent Domain
16005. (a) For purposes of this section, the following definitions apply:(1) Racially motivated eminent domain means when the state acquires private property for public use and does not distribute just compensation at the time of the taking due to racist or discriminatory motives.(2) Rightful owner means a person who has had property taken from them by the state without just compensation as a result of racially motivated eminent domain.(b) Upon appropriation by the Legislature, the Office of the Chief Financial Officer within the California American Freedmen Affairs Agency shall do all of the following: (1) Research and document state properties acquired as a result of racially motivated eminent domain, and document the person who owned that property when it was acquired by the state.(2) Review and investigate public complaints from people who claim their property was taken without just compensation as a result of racially motivated eminent domain.(3) By January 1, 2026, create a database, to be updated annually thereafter, of rightful owners identified pursuant to paragraph (1) and confirmed to have been the victim of racially motivated eminent domain after investigation pursuant to paragraph (2).(c) (1) Subject to paragraph (2), the Office of the Chief Financial Officer may distribute, upon appropriation by the Legislature, just compensation to a rightful owner identified in the database created pursuant to paragraph (3) of subdivision (b) for the present-day fair market value of the property that was taken from them by the state as result of racially motivated eminent domain.(2) Just compensation shall be distributed only upon a determination by the Chief Financial Officer that issuing just compensation to that rightful 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.
16005. (a) For purposes of this section, the following definitions apply:
(1) Racially motivated eminent domain means when the state acquires private property for public use and does not distribute just compensation at the time of the taking due to racist or discriminatory motives.
(2) Rightful owner means a person who has had property taken from them by the state without just compensation as a result of racially motivated eminent domain.
(b) Upon appropriation by the Legislature, the Office of the Chief Financial Officer within the California American Freedmen Affairs Agency shall do all of the following:
(1) Research and document state properties acquired as a result of racially motivated eminent domain, and document the person who owned that property when it was acquired by the state.
(2) Review and investigate public complaints from people who claim their property was taken without just compensation as a result of racially motivated eminent domain.
(3) By January 1, 2026, create a database, to be updated annually thereafter, of rightful owners identified pursuant to paragraph (1) and confirmed to have been the victim of racially motivated eminent domain after investigation pursuant to paragraph (2).
(c) (1) Subject to paragraph (2), the Office of the Chief Financial Officer may distribute, upon appropriation by the Legislature, just compensation to a rightful owner identified in the database created pursuant to paragraph (3) of subdivision (b) for the present-day fair market value of the property that was taken from them by the state as result of racially motivated eminent domain.
(2) Just compensation shall be distributed only upon a determination by the Chief Financial Officer that issuing just compensation to that rightful 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.
16006. The Office of Strategic Communications and Media Affairs within the California American Freedmen Affairs Agency shall develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion, the connection between redlining and gentrification, and the history of discriminatory urban planning in the state.
16006. The Office of Strategic Communications and Media Affairs within the California American Freedmen Affairs Agency shall develop and implement a public education campaign regarding the cycle of gentrification, displacement, and exclusion, the connection between redlining and gentrification, and the history of discriminatory urban planning in the state.
SEC. 2. The Legislature finds and declares that the addition of Chapter 4 (commencing with Section 16005) to Part 14 of Division 3 of Title 2 of the Government Code by this act serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution by redressing past acts of racial discrimination, preventing future acts of racial discrimination, and benefitting the whole of the community and its general welfare.
SEC. 2. The Legislature finds and declares that the addition of Chapter 4 (commencing with Section 16005) to Part 14 of Division 3 of Title 2 of the Government Code by this act serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution by redressing past acts of racial discrimination, preventing future acts of racial discrimination, and benefitting the whole of the community and its general welfare.
SEC. 2. The Legislature finds and declares that the addition of Chapter 4 (commencing with Section 16005) to Part 14 of Division 3 of Title 2 of the Government Code by this act serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution by redressing past acts of racial discrimination, preventing future acts of racial discrimination, and benefitting the whole of the community and its general welfare.
### SEC. 2.