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NOV. 2 WATCH : Proposition 171

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Under California law, property damaged in a disaster can be rebuilt to the same condition or replaced with a comparable property without an increase in its assessed value. But that law currently applies only if the property is rebuilt or replaced within the same county. Proposition 171 on the Nov. 2 ballot would authorize the Legislature to extend the Constitution’s special property valuation provision to replacement structures located in different counties, if certain conditions are met. This would allow rebuilding in a new location, perhaps one less endangered by fire or earthquake, while still protecting owners from higher assessments arising out of a misfortune over which they had no control. The Times supports Proposition 171.

The extension of special valuation provisions would require agreement of the counties to the new procedures. Thus, a property owner in Los Angeles County who was a disaster victim could transfer his valuation to a comparable property in San Luis Obispo County only if that county had agreed to participate in the extension Proposition 171 would permit.

Other conditions would apply: The governor must have declared that a disaster had occurred; the property’s market value must have been reduced by more than one-half because of the disaster; the replacement property must be comparable to the one struck by disaster and must be built or acquired within three years of when the original property was damaged or destroyed. These are sound safeguards against abuse. We recommend a “yes” vote on Proposition 171.

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