Friday, July 01, 2005

House Limits on Eminent Domain

From the Washington Post: "The House voted yesterday to use the spending power of Congress to undermine a Supreme Court ruling allowing local governments to force the sale of private property for economic development purposes. Key members of the House and Senate vowed to take even broader steps soon. . . .

"The House measure, which passed 231 to 189, would deny federal funds to any city or state project that used eminent domain to force people to sell their property to make way for a profit-making project such as a hotel or mall. Historically, eminent domain has been used mainly for public purposes such as highways or airports."

For more information, view the results of roll call vote 350. The text of the Garrett amendment (H.AMDT. 427) appears on page H5504 of the Congressional Record: "None of the funds made available in this Act may be used to enforce the judgment of the United States Supreme Court in the case of Kelo v. New London, decided June 23, 2005."

The House also passed a resolution yesterday "expressing the grave disapproval of the House of Representatives regarding the majority opinion of the Supreme Court in the case of Kelo et al. v. City of New London et al. that nullifies the protections afforded private property owners in the Takings Clause of the Fifth Amendment." The text of House Resolution 340 is available on THOMAS.

In addition to these measures, Congressman Rehberg has introduced H.R. 3083 to "remedy last week's eminent domain ruling." The Congressman's remarks on the Private Property Protection Act are recorded on page H5369 of the Congressional Record.

Source: "House Votes To Undercut High Court On Property: Federal Funds Tied To Eminent Domain." Washington Post July 1, 2005.

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