Civil Rights Department: racially motivated eminent domain.

Driven by Assembly Member McKinnor’s emphasis on redressing racially based property takings, the measure creates a dedicated restitution pathway within the Government Code that authorizes the Civil Rights Department to review claims of dispossessed owners and their descendants and to certify remedies such as return of property, replacement with other publicly held property of equal value, or monetary compensation.

At the core, the bill defines dispossessed owner, publicly held property, and racially motivated eminent domain, then sets out a process conditioned on legislative appropriation. The Civil Rights Department would accept applications, conduct review and investigation, and request additional information necessary to verify eligibility and causation, with a 30-day response window for any such information. If a dispossessed owner is found, the department determines the present-day fair market value of the taken property and whether providing property or compensation would redress past discrimination and benefit the community. Remedies include return of the taken property (if still in public possession), other publicly held property of equal value, or just monetary compensation equal to the FMV minus amounts paid at the time of taking, adjusted for inflation. Appeals are available if the department declines relief, with a 60-day window to file and a 120-day period to issue a determination on appeal, and all department actions are subject to judicial review.

The framework prioritizes claim processing for individuals who held legal title at the time of the taking and their heirs, with provisions for multiple heirs to pursue joint determinations or proportional awards based on documentation or intestate succession rules, and it requires equitable procedures to resolve disputes among eligible claimants. If the taking is rejected, claimants may pursue a challenge in court under the Eminent Domain Law, with no statute of limitations for such actions. In addition, the bill expands the Civil Rights Department’s capacity to litigate or participate in adjudicative proceedings by exempting it from the general prohibition on in-house counsel, conditional on appropriation.

Beyond the procedural mechanics, the bill’s findings frame the restitution effort as a public purpose that does not constitute a gift of public funds, asserting that compensating victims of racially motivated takings restores value and supports community welfare. Implementation hinges on a legislative appropriation to fund processing, valuation, and potential reparative payments, and the measure requires fiscal committee consideration. Taken together, the proposal creates a structured channel for reparative relief tied to past discrimination, with defined eligibility, valuation methods, remedies, and avenues for review and litigation, and it situates the restitution initiative within existing civil rights and eminent domain frameworks.