Isakson Co-Sponsors Legislation to Preserve Private Property Rights

Isakson Co-Sponsors Legislation to Preserve Private Property Rights

‘We Must Act Quickly to Protect Our Basic Rights'

In response to the disturbing U.S. Supreme Court decision permitting local governments to take land from one property owner for the benefit of another private citizen, U.S. Senator Johnny Isakson (R-Ga.) today announced that he is co-sponsoring legislation to restrict how the government may exercise its power of eminent domain.

The Protection of Homes, Small Businesses, and Private Property Act of 2005, which was introduced by Senator John Cornyn (R-Texas), states that the federal government is prohibited from using the power of eminent domain to condemn property for the purpose of economic development. It also imposes the same prohibition on state and local governments when the condemnation involves the use of federal funds.

"The U.S. Supreme Court decision last week strikes at the very heart of our free enterprise system," Isakson said. "This legislation is crucial to protecting our basic private property rights."

The Court's ruling last week in Kelo v. City of New London allows a private for-profit development to qualify as a ‘public use' and allows a local government to use eminent domain powers to take private property from one citizen and transfer it for the benefit of another. The decision has been widely condemned.

Historically, under the Fifth Amendment to the U.S. Constitution, eminent domain has been used to acquire private property for limited purposes such as roads, sewers, water lines and other essential public utilities.

"Private ownership of land is a fundamental foundation of our constitution and a right that sets America apart from the rest of the world. We must act quickly to protect that right," Isakson said.

http://isakson.senate.gov/press/2005/070505edomain.htm