McHugh Votes to Protect Property Owners From Wrongful Seizures
McHUGH VOTES TO PROTECT PROPERTY OWNERS FROM WRONGFUL SEIZURES
November 3, 2005
House Responds to Kelo v. City of New London, Passes Private Property Rights Protection Act
WASHINGTON, D.C. - The House today passed the Private Property Rights Protection Act, bipartisan legislation to protect the private property rights of Americans from unjust takings by states or localities. Rep. John M. McHugh (R-NY) is a strong supporter of the bill, which responds to the Supreme Court's Kelo v. City of New London decision by penalizing states and localities that abuse their eminent domain power.
"For two centuries, the Constitutional power of eminent domain has been used by our government to acquire needed property for such things as roads, schools, and military bases," McHugh said. "The Kelo decision effectively negated the Fifth Amendment clause requiring public use, and extended it to permit seizures that benefit a community through increased economic development. To allow such an action is simply bad practice and, furthermore, made many property owners vulnerable, particularly our upstate farmers."
The legislation is designed to prevent the federal government from using economic development as a justification for taking privately-owned property. It also prohibits any State or local government from using eminent domain for private economic development whenever federal funds are involved with the project.
"Essentially, Kelo v. City of New London set an unfortunate precedent, the ramifications of which would most likely be felt by our most disadvantaged citizens," McHugh noted. "Our nation was founded on many important principles, not the least of which is the right to private ownership of property. Today's action goes a long way to defend this right for every American. I am very pleased that my colleagues have overwhelmingly supported passage of this bill."
In the Kelo ruling, handed down in June, the Court allowed the Connecticut town to exercise its power of eminent domain under a State law, requiring certain homeowners to vacate their properties to make way for planned commercial development.
http://mchugh.house.gov/pr2005/110305_eminentdomain.html