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House Passes Private Property Rights Protection Act

11/03/05

Washington, Nov 3, 2005 -

Washington, D.C. –   Today U.S. Representative John R. Carter (TX-31) praised the overwhelming passage of the Private Property Right Protection Act of 2005, H.R. 4128. 

             “I have presided over dozens of eminent domain cases and know first hand the stress it puts on people and their families,” said, Carter, who served as a state district judge for 20 years. “The fact the Supreme Court established a policy that the government can take someone’s property for the benefit of another private individual is appalling. The freedom to own property without interference from the government is one of the foundations of our Constitution - it’s the American Dream.”

            Highlights of H.R. 4128, the Private Property Rights Protection Act of 2005:

      The Private Property Rights Protection Act of 2005 provides for the protection of the principles of private property. Specifically, the bill:

o       Enhances the penalty for states and localities that abuse their eminent domain power by denying states or localities that commit such abuse all federal economic development funds for a period of two years;

o       Under this legislation, there is a clear connection between the federal funds that would be denied and the abuse Congress is seeking to prevent;

o       States and localities will have the clear opportunity to cure any violation before they lose any federal economic development funds;

o      An express private right of action to make certain that those suffering injuries from a violation of the bill will be allowed access to state or federal court to enforce its provisions; and

·     The Private Property Rights Protection Act includes carefully crafted refinements of the definition of “economic development” that specifically allow the types of takings that, prior to Kelo decision, had achieved a consensus as to their appropriateness.