Private Property Rights

The Fifth Amendment to the Constitution states that private property cannot be taken for public use without just compensation.  Private property rights are an important, vital part of the fabric of American life and I am pleased to be an advocate to make certain that these rights are not abrogated. I have been consistently recognized as a "Champion of Private Property Rights" by the League of Private Property Voters, beginning in 1993 to the present.

It is important that our elected representatives stand firm in our support for private property rights.  We in the West face different challenges regarding federal land holdings and our leaders must make a commitment to protect private property rights. 

I have co-sponsored legislation throughout my career in Congress to protect private property rights. In the 109th Congress, I became an original co-sponsor of S. 1313, the Protection of Homes, Small Businesses, and Private Property Act, introduced by Senator John Cornyn (R-Texas).  The measure would clarify the government’s exercise of the power of eminent domain to be limited only for public use.  “Public use” would not include economic development under the legislation.  The bill would have applied to takings by the federal government, but encourages states to consider similar action.  Unfortunately, it was not signed into law during the 109th Congress and must be reintroduced during the 110th Congress to receive further action.

The June 2005 ruling by the U.S. Supreme Court in Kelo v New London has been disconcerting to me. It ruled that local governments may force property owners to sell out and make way for private economic development when officials decide it would benefit the public. This Supreme Court ruling is significant because it authorizes government seizure of private property even when it offers just a benefit to the public, rather than actual public use. This ruling does raise potentially sensitive constitutional issues about eminent domain and the power that local government has in pursuing redevelopment projects.  While I recognize the desire for cities to redevelop blighted neighborhoods, such development must not come at the expense of the constitutionally-protected rights of private property owners. 

Back to Environment Main Page