Agency: racially motivated eminent domain.

Assembly Member McKinnor's legislation establishing a framework for addressing historical cases of racially motivated eminent domain would create a new process for dispossessed property owners and their descendants to seek restitution through California's Office of Legal Affairs. The bill defines racially motivated eminent domain as cases where state or local agencies acquired private property without providing just compensation due to the owner's race or ethnicity.

Under the proposed system, the Office of Legal Affairs would review applications from individuals claiming to be dispossessed owners, investigate the circumstances of the property taking, and determine whether racial discrimination influenced the acquisition or compensation process. For validated claims, the office would assess the present-day fair market value of the taken property and certify the dispossessed owner's entitlement to either reclaim the original property, receive comparable publicly held property, or obtain financial compensation adjusted for inflation.

The legislation includes provisions for appeals and judicial review of agency determinations. Dispossessed owners whose claims are rejected may appeal within 60 days and provide additional supporting documentation. If a state or local agency contests the Office of Legal Affairs' findings, dispossessed owners retain the right to challenge the taking or compensation amount through existing eminent domain laws, with no statute of limitations restrictions. The bill specifies that these remedial actions would not invalidate existing property titles except through the prescribed legal procedures.

The measure would also exempt several state entities, including the Office of Legal Affairs, from restrictions on employing in-house counsel for certain proceedings. Implementation of the program would be contingent on legislative appropriation of necessary funds.