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Sullivan Legislation Protects the Rights of Private Property Owners

June 10, 2008

WASHINGTON – Today, U.S. Rep. John Sullivan, R-Okla., introduced legislation to protect the rights of American private property owners. H.R. 6219, the Private Property Rights Protection and Government Accountability Act, will defend private property owners against the government’s broadened eminent domain ability (which, in this case, is when the government seizes private property), because of the U.S. Supreme Court’s unfortunate 2005 Kelo v. City of New London decision.

“The Supreme Court’s 2005 decision in the Kelo v. City of New London case dramatically expanded the government’s eminent domain abilities, threatening the rights of American property owners,” said Sullivan. “No family, small business or place of worship is safe if the government decides that their property would serve a better purpose and be an economic gain if something bigger, fancier or more taxable were in its place. My legislation represents the rights of America’s families, businesses and all property owners. We have expanded beyond taking private property for something like an improved intersection that is safer for motorist and pedestrians and moved to taking private property for strip malls and even replacing entire existing housing developments.”

The verdict in the Kelo case resulted in state and local governments being given increased authority to use eminent domain to take private homes against the will of homeowners. These homes were in a geographical area that was part of a plan which served a public “purpose” – the purpose of the potential of increased tax revenue. The Kelo decision was the first time the U.S. Supreme Court approved the use of eminent domain for purely private development, greatly expanding the constitutionality of eminent domain actions.

H.R. 6219 will restrict certain federal economic development funds for 10 years to any state or locality in which eminent domain is used to take private property and develop it for a private purpose. It also allows private property owners to take legal recourse to fight private property takings by state and local governments that are used for private purposes.

“In 2005, the Supreme Court licensed government officials to help private entities grab possession of innocent people’s homes, farms and businesses,” said U.S. Rep. Joe Barton, R-Texas, ranking member of the House Energy and Commerce Committee. “That’s not the kind of justice that Americans expect or deserve. It’s an inexplicable abuse of power by both the court and local bureaucracies, and it needs to be undone before it inflicts further harm on law-abiding property owners. I'm so pleased that John Sullivan is offering this timely remedy.”  Barton is an original cosponsor of H.R. 6219.

“Congress has yet to pass a law to protect and restore people’s property rights in the wake of the Kelo decision,” said Sullivan. “We need to ensure the federal government does not overstep its eminent domain boundaries by violating the personal property rights of Americans.”

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