US House passes bill to protect private property rights

US House passes bill to protect private property rights
Supreme Court ruling showed the danger of judicial activism in allowing local governments to seize property for commercial use

WASHINGTON, DC - The US House today passed legislation to withhold federal funds from state and local governments that seize private property for commercial purposes.

The Private Property Rights Protection Act is in response to the nefarious Supreme Court ruling, Kelo v. City of New London, in which the Court overruled two centuries of legal precedent and tradition regarding the public use provision of the Fifth Amendment's Taking Clause. The Court's ruling allowed New London to give private property to a large corporation for use as a research facility because the corporation would generate more revenue than the homeowners.

"The Supreme Court in June issued a narrow decision that gave local governments broad authority to seize private property from one party and give it to another private party," Davis said. "Through their decision, the Court essentially erased any protection of private property as understood by our Founders. This appalling decision struck a serious blow to the core values of our nation."

The Private Property Rights Protection Act contains exceptions for appropriate and accepted uses of eminent domain such as the transfer to public ownership, to common carriers like railroads and public utilities and under blighted circumstance.

"Under this legislation, there is a clear connection between the federal funds that would be denied and the abuse Congress is intending to prevent," Davis said. "Private ownership of property is vital to both our freedom and our prosperity. This ruling showed the inherent danger of judicial activism as the Court's decision has far-reaching implications that threaten our Constitutional rights."

The bill makes reasonable exceptions for the taking of land that is being used in a way that constitutes an immediate threat to public health and safety. It also makes exceptions for the incidental use of a public building by a private entity, such as a small privately-run gift shop on the ground floor of a hospital, for the acquisition of abandoned property and for clearing defective chains of title in which no one can be said to own the property in the first place.

http://geoffdavis.house.gov/Read.aspx?ID=239