Civil Rights Department: racially motivated eminent domain.

2025-2026 Regular Session Introduced by Mia Bonta and 11 co-sponsors

AB 62 allows Californians harmed by racially motivated eminent domain to seek restitution, promoting accountability and addressing historical injustices in property rights.

Consideration of Governor's veto pending.

#civilrightsdepartment #raciallymotivatedeminentdomain

Purpose and Intent

AB 62, introduced by Assemblymember McKinnor, aims to address the historical injustices associated with racially motivated eminent domain in California. The bill seeks to provide a mechanism for individuals who have lost property due to racially discriminatory practices to seek restitution, thereby promoting racial equity and accountability from government entities.

Key Provisions

Definition of Racially Motivated Eminent Domain: The bill defines "racially motivated eminent domain" as the acquisition of private property by state or local governments without just compensation, where the taking is influenced by the owner's ethnicity or race.

Civil Rights Department's Role: Upon appropriation by the Legislature, the Civil Rights Department will:

Review and investigate applications from individuals claiming to be dispossessed owners.
Certify entitlement to the return of taken property, equivalent publicly held property, or financial compensation if warranted.

Application Process:

The department will accept applications from dispossessed owners or their descendants.
It will prioritize claims from individuals who held legal title to the property at the time of its taking.
If the department's determination is rejected by the agency that took the property, dispossessed owners can challenge the decision in court.

Judicial Review: All findings and determinations made by the department will be subject to judicial review, ensuring transparency and accountability.

Exemption for In-House Counsel: The bill exempts the Civil Rights Department from existing prohibitions against state agencies employing in-house counsel for judicial or administrative proceedings.

Impact

Affected Individuals: The bill primarily impacts individuals and descendants of those who lost property due to racially motivated eminent domain, providing them with a formal process to seek restitution.

Government Accountability: By holding government entities accountable for past discriminatory practices, the bill aims to restore community integrity and address the long-term effects of systemic racism in property acquisition.

Procedural Aspects

Legislative Status: As of October 13, 2025, the bill has been vetoed by the Governor, and consideration of the veto is pending.

Timeline: The bill was introduced on December 2, 2024, and has undergone various amendments and approvals through the legislative process, including passage in both the Assembly and Senate.

Conclusion

AB 62 represents a significant step towards rectifying historical injustices related to property rights and racial discrimination in California. By establishing a formal process for restitution, it seeks to empower affected individuals and promote racial equity within the state's civil rights framework.

Bill