Myrick Votes to Correct Supreme Court Eminent Domain Decision

MYRICK VOTES TO CORRECT SUPREME COURT EMINENT DOMAIN DECISION
November 3, 2005

(Washington, D.C.) - Today, U.S. Representative Sue Myrick (NC-9) voted for HR 4128, the Private Property Protection Act. This Act is in response to the Supreme Court Ruling in Kelo v. New London, and would prevent governments from using eminent domain to take private property away from people and businesses in the name of economic development.

"The Supreme Court's ruling in this case was dead wrong. This bill makes sure the federal government doesn't give a penny to local governments if they steal private property based on this ruling. It's time to get back to common sense policies, and this bill is a large step in that direction," said Rep. Myrick.

On Thursday, June 23, 2005, the US Supreme Court ruled, in Kelo et al v. City of New London, 04-108, that local governments may use eminent domain to seize people's homes and businesses if it is for the "good" of the public. In effect, this decision nullifies the protections afforded private property owners in the "Takings Clause" of the Fifth Amendment. Members of Congress have been outraged at the ruling, and this bill was produced to prevent the Kelo decision from being applied.

This bill stipulates that if any state or local government violates this Act, they would get no federal economic development funds for two years. This is significant because almost every state and local project involving eminent domain needs federal funding to complete the project. Therefore, if there is no federal funding, then governments have no reason to claim eminent domain and proceed with the project.

http://www.house.gov/apps/list/press/nc09_myrick/eminentdomain110305.html