Amended
IN
Senate
July 09, 2024 |
Amended
IN
Assembly
April 29, 2024 |
Amended
IN
Assembly
April 10, 2024 |
Amended
IN
Assembly
March 21, 2024 |
Introduced by Assembly Member Wendy Carrillo |
January 29, 2024 |
This bill would require the City of Los Angeles to decide on one of several forms of compensation, including conveying city-owned real property for housing, use, and enjoyment equal to the square footage area of land acquired by the city from the property owners or monetary compensation for the taking of the former landowners’ private
property equal to the fair market value at the time of sale or taking, adjusted for inflation. The bill would provide that the compensation would be exempt from taxation and the real property tax.
The bill would require the task force, on or before January 1, 2027, in consultation with the city attorney of the City of Los Angeles, to develop an appeal process for former
residents or descendants of Chavez Ravine to appeal to the city a denial of compensation. The bill would authorize a former resident or descendant of Chavez Ravine, after the task force develops that appeal process or beginning January 1, 2027, whichever occurs first, to appeal to the city a denial of compensation in accordance with that appeal process. The bill would also authorize a former resident or descendant of Chavez Ravine, if the city denies an appeal and the former resident or descendant believes that the city improperly denied compensation, to petition a court for a writ of mandate pursuant to specified provisions to compel the city to provide compensation.
(a)(1)The following provisions set forth in this chapter apply to all 315 acres of land in the Chavez Ravine community acquired by the City of Los Angeles, including the Housing Authority of the City of Los Angeles’ acquisition through eminent domain, coercive means, and land conveyed to private entities to construct a sports stadium.
(2)
(B)Any compensation awarded pursuant to this chapter to a descendant shall be divided into as many equal shares as there are surviving descendants in the generation nearest to the designated ancestor. Any compensation transferred to the decedent’s descendants shall follow the same rules of inheritance as those applied in cases of intestacy.
(A)Convey city-owned real property for housing, use, and enjoyment equal to the square footage area of land acquired by the city from the property owners unjustly displaced between 1950 and 1961, inclusive. Notwithstanding any other law, no legislative or administrative approvals by the city council or other city departments shall be necessary for the implementation of this section, and the Surplus Land Act and other public transfer restrictions shall not apply for the purposes of this chapter.
(B)Compensation for the taking of former landowners’ private property through monetary compensation, equal to the fair market value at the time of sale or taking, adjusted for inflation. The monetary compensation shall be exempt from taxation and the real property transfer tax only for purposes of this chapter.
(2)Upon the review of the task force reports and compensation recommendations, as described in subdivision (j), the city shall provide compensation to former residents or descendants of residents who were not landowners in the form of relocation benefits, health care benefits, employment-oriented services, educational scholarships, or other forms of compensation deemed fair and equitable by the task force in accordance with this section.
(3)The city also shall review the task force recommendations and the other reports pursuant to this section, and determine other additional compensation for former residents, only if deemed to serve the best interests of the city and the public. Review shall occur no later than June 1, 2028. A one-time six-month extension, until December 2028, may be granted by the task force upon written request.
(4)The city shall submit a report to the task force and the public no later than January 1, 2029, detailing the methods and timeline for compensating residents and former landowners of Chavez Ravine. A one-time six-month extension, until June 1, 2029, may be granted by the task force upon written request.
(2)All notices to residents and landowners from the local, state, and federal government.
(3)
(4)
(5)Arrest records related to removal of residents and landowners.
(6)
(7)
(f)The searchable database shall be made available to the public and task force no later than January 1, 2027. A one-time six-month extension, until June 1, 2027, may be granted by the task force upon written request.
(g)The city shall redact all sensitive personal information, including, but not limited to, social security numbers, driver’s license numbers, and birth dates, from the information contained in the database created pursuant to subdivision (e).
(h)
(i)The task force shall oversee the matters set forth in subdivisions (c), (d), (f), (g), and (h). The
(2)
(3)Two
(4)The President of the United Farm Workers (UFW), or the president’s designee.
(5)The President of Public Counsel, or the president’s designee.
(6)The Chairperson of Mexican American Legal Defense and Educational Fund (MALDEF), or the chairperson’s designee.
(7)One member of the local,
(j)
(k)The
task force shall oversee and create a report addressing all of the following items:
(1)Progress on the city’s construction of the permanent memorial, as described in subdivision (g).
(2)Recommendations on appropriate ways to educate the California public of the city and county’s findings pursuant to subdivisions (d), (e) and (f), no later than January 1, 2028.
(3)Recommendations to the city regarding compensation for former residents and landowners of Chavez Ravine or their descendants based on the information established in subdivisions (c), (d), (e) and (f).
(4)Recommendations on any additional appropriate compensation, in consideration of the task force’s findings regarding former residents on the matters described in paragraph (3) of subdivision (c).
(5)Identification of all the divisions of government that were involved and responsible for the displacements in Chavez Ravine.
(l)
(m)The task force shall oversee the city’s administration process of compensation to former Chavez Ravine residents, landowners, or their descendants.
(a)On or before January 1, 2027, the task force, in consultation with the City Attorney of the City of Los Angeles, shall develop an appeal process for former residents or descendants of Chavez Ravine to appeal to the city a denial of compensation described in Section 7278.
(b)After the task force develops the appeal process described in subdivision (a), or beginning January 1, 2027, whichever occurs first, a former resident or descendant of Chavez Ravine may appeal to the city a denial of compensation described in Section 7278 in accordance with that appeal process.
(c)If the city denies an appeal brought
pursuant to subdivision (b) and the former resident or descendant of Chavez Ravine believes that the city improperly denied compensation as described in Section 7278, the former resident or descendant may petition a court for a writ of mandate pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure to compel the city to provide compensation in accordance with Section 7278.