Commission

City of El Monte v. Commission on State Mandates

Good Law
2000 Cal. App. LEXIS 672·83 Cal. App. 4th 266·99 Cal. Rptr. 2d 333·2000 Cal. Daily Op. Serv. 7159
Court of Appeal of CaliforniaJuly 27, 2000C025631California6,519 words

Opinion

Opinion

Scotland, J.

In this appeal from the trial court’s denial of a petition for writ of administrative mandate, we are called upon to determine whether legislation requiring local redevelopment agencies to contribute to a local Educational Revenue Augmentation Fund (ERAF) constituted a reimbursable state mandate under article XIII B, section 6 of California’s Constitution.

As we shall explain, we agree with the trial court that the legislation did not constitute a reimbursable state mandate and that plaintiffs were accorded a fair hearing before the Commission on State Mandates. Accordingly, we shall affirm the judgment.

Background

The Legislature has “found and declared that there exist in many communities blighted areas which constitute physical and economic liabilities, requiring redevelopment in the interest of the health, safety, and general welfare of the people of these communities and of the state.” (Health & Saf. Code, § 33030.) Thus, it is the policy of our state to utilize all appropriate means to promote the sound development and redevelopment of blighted areas. (Health & Saf. Code, § 33037.) To that end, the Legislature enacted the Community Redevelopment Law. (Health &…

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