LoBiondo Votes to Protect Private Property of Americans
November 3, 2005
Co-Sponsored legislation to remedy faulted Supreme Court decision on Eminent Domain
WASHINGTON, D.C. - Congressman Frank A. LoBiondo (NJ-02) today voted in favor of H.R. 4128, the "Private Property Rights Protection Act," which will ensure that local and state governments do not seize private property under the eminent domain clause for redevelopment and economic gain of a third-party. Congressman LoBiondo cosponsored the legislation and joined in a press conference today at the Capitol prior to the legislation passing the House by a vote of 376 to 38.
"A fundamental principle of the 'American Dream' is the right to own property. With the faulted decision in Kelo v. New London, the Supreme Court seized that cornerstone away from hard-working families for economic gain by third-party entities," said Congressman LoBiondo. "I strongly disagreed with the Court's decision then, and today applaud the House of Representatives who overwhelmingly united to protect the homes of all Americans."
The bill is in direct response to the 5-4 Kelo v. City of New London decision by the Supreme Court regarding eminent domain, which was handed down in June 2005. Justice Stevens delivered the opinion of the Court, in which Justices Kennedy, Souter, Ginsburg, and Breyer joined, which overruled over two centuries of legal precedent and tradition regarding the public use provision of the Fifth Amendment's Taking Clause. Justice O'Connor filed a dissenting opinion in which Justices Rehnquist, Scalia and Thomas joined.