California 2013-2014 Regular Session Status: To Executive

AB 374 — Eminent domain: compensation: loss of goodwill.

Last action — Last day to consider Governor's veto pursuant to Joint Rule 58.5.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires the governing body of a public entity to adopt a resolution of necessity, as specified, and send related notices before commencing an eminent domain proceeding. Existing law provides that an owner of property taken by eminent domain is entitled to compensation and imposes certain requirements on the owner in order to be compensated for loss of goodwill, as described. This bill would further require, for the owner of a business to be compensated for loss of goodwill, that the business owner adduce sufficient evidence to permit a jury to find that goodwill existed prior to the taking.

Bill Text

Action History

  1. Last day to consider Governor's veto pursuant to Joint Rule 58.5.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and presented to the Governor at 3:30 p.m.

  5. In Assembly. Ordered to Engrossing and Enrolling.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 2090.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 5. Noes 0.) (June 4).

  9. Referred to Com. on JUD.

  10. In Senate. Read first time. To Com. on RLS. for assignment.

  11. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 883.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 10. Noes 0.) (April 9).

  14. Re-referred to Com. on JUD.

  15. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  16. Referred to Com. on JUD.

  17. From printer. May be heard in committee March 17.

  18. Read first time. To print.

Sponsors

  • Wagner · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Wagner

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB374 Wagner By Berryhill

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 2001
Total 36003
% of votes cast 92%0%0%8%
How each member voted (39)
Member Party Vote
Anderson — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Pavley — Yea
Torres — Yea
Emmerson — Yea
Wright — Yea
Wyland — Yea
Cannella — Yea
De León — Yea
Evans — Not Voting
Fuller — Yea
Galgiani — Yea
Hancock — Not Voting
Hernandez — Yea
Beall — Yea
Corbett — Yea
Correa — Yea
Huff — Yea
Knight — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Nielsen — Yea
Roth — Yea
Steinberg — Yea
Vidak — Yea
Walters — Yea
Wolk — Yea
DeSaulnier — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 0001
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Anderson — Yea
Leno — Yea
Monning — Yea
Walters — Not Voting
Corbett — Yea
Evans — Yea
Jackson, Corey A. Democratic Not Voting

Official roll call →

AB 374 WAGNER Assembly Third Reading

Passed 75 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 65003
Democratic 7000
Republican 3001
Total 75004
% of votes cast 95%0%0%5%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Logue — Yea
Maienschein — Yea
Mansoor — Yea
Melendez — Yea
Pan — Yea
Quirk — Yea
Skinner — Yea
Waldron — Yea
Weber — Yea
Chesbro — Yea
Gomez — Yea
Gorell — Yea
Hagman — Yea
Stone — Yea
Hall — Yea
Holden — Yea
Gray — Yea
Atkins — Yea
Mitchell — Yea
Daly — Yea
Bonilla — Yea
Ammiano — Yea
Linder — Yea
Medina — Yea
Nazarian — Yea
Olsen — Yea
Torres — Yea
Wilk — Yea
Jones-Sawyer — Yea
Levine — Yea
Morrell — Yea
Campos — Yea
Mullin — Yea
Perea — Yea
Bocanegra — Yea
Wagner — Yea
Wieckowski — Yea
John A. Pérez — Yea
Cooley — Yea
Dickinson — Yea
Donnelly — Yea
Eggman — Yea
Williams — Yea
Ting — Yea
Salas — Yea
Chávez — Yea
Lowenthal — Not Voting
Chau — Yea
Conway — Yea
Harkey — Not Voting
Nestande — Yea
Rendon — Not Voting
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Not Voting

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 2000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Maienschein — Yea
Wagner — Yea
Wieckowski — Yea
Chau — Yea
Stone — Yea
Alejo — Yea
Dickinson — Yea
Gorell — Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea

Official roll call →

Subjects

housing civil-rights
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Frequently asked questions

What does AB 374 do?
Existing law requires the governing body of a public entity to adopt a resolution of necessity, as specified, and send related notices before commencing an eminent domain proceeding. Existing law provides that an owner of property taken by eminent domain is entitled to compensation and imposes certain requirements on the owner in order to be compensated for loss of goodwill, as described. This bill would further require, for the owner of a business to be compensated for loss of goodwill, that the business owner adduce sufficient evidence to permit a jury to find that goodwill existed prior to the taking.
Who sponsors AB 374?
AB 374 is sponsored by Wagner.
What is the current status of AB 374?
This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 374?
Track AB 374 free on One Click Politics — get push/email alerts when it moves.

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