Eminent Domain in the News
House Moves to Counter Eminent Domain
Charging that the Supreme Court undermined one of the pillars of American society, the House took up legislation Thursday to block court-sanctioned seizings of people's homes for use by private developers.
The bill, headed toward easy passage with bipartisan support, would withhold federal funds from state and local governments that use powers of eminent domain to force homeowners to give up their property for commercial uses.
Kelo v New London is onerous - end it now.
House Moves to Counter Supreme Court Decision on Eminent Domain
By Jim Abrams
WASHINGTON (AP) - Charging that the Supreme Court undermined one of the pillars of American society, the House took up legislation Thursday to block court-sanctioned seizings of people's homes for use by private developers.
The bill, headed toward easy passage with bipartisan support, would withhold federal funds from state and local governments that use powers of eminent domain to force homeowners to give up their property for commercial uses.
The Supreme Court, in a 5-4 ruling in June, recognized the power of local governments to seize property needed for private development projects that generate tax revenue. The decision drew criticism from a broad spectrum of private property, civil rights, farm and religious groups which said it was an abuse of the Fifth Amendment's "takings clause" which provides for the taking of private property, with fair compensation, for public use.
The ruling in Kelo v. City of New London allowed the Connecticut city to exercise state eminent domain law to require several homeowners to cede their property for commercial use.
With this "infamous" decision, said Rep. Phil Gingrey, R-Ga., "homes and small businesses across the country have been placed in grave jeopardy and threatened by the government wrecking ball."
"For a country founded on property rights, this is a terrible blow," said the House's third-ranked Republican, Deborah Pryce of Ohio.
The legislation is the latest, and most far-reaching, of several congressional responses to the court ruling. The House previously passed a measure to bar federal transportation funds from being used to make improvements on land seized for private development, and the Senate approved an amendment to a transportation spending bill applying similar restrictions.
About half the states are also considering changes in their laws to prevent takings for private use.
The bill before the House would cut off for two years all federal economic development funds to states and localities that use economic development as a rationale for a taking. It also bars the federal government from using eminent domain powers for economic development.
"By subjecting all projects to penalties, we are removing a loophole that localities can exploit by playing a 'shell game' with projects," said Rep. Henry Bonilla, R-Texas, a chief sponsor.
Eminent domain, the right of government to take property for public use, is typically used for projects that benefit an entire community, such as highways, airports or schools. AP
>The bill before the House would cut off for two years all federal economic development funds to states and localities that use economic development as a rationale for a taking. It also bars the federal government from using eminent domain powers for economic development<
2 years? ONLY 2 years?!?
Well, I suppose it is better than nothing.
Just glad I don't have to worry about it anymore.
Posted by: imp | 11/03/2005 at 02:48 PM
This will get fixed very soon. It is UnAmerican.
Posted by: Steel | 11/04/2005 at 02:29 AM