Protecting Property Rights

Private ownership of property is a fundamental right in America. Along with that ownership comes a certain expectation that landowners will be able to legally use their land as they see fit, so long as others are not harmed by that use. Over the years, that expectation has eroded as federal, state and local governments have passed laws that impact how a landowner uses his/her land. Furthermore, governments have been obtaining property through eminent domain to use for various purposes including roads, parks, open space and conservation areas and other activities.

In the United States, the "taking" of private property is prohibited by the Constitution. However, actually getting relief under the Fifth Amendment has been hard for property owners to achieve. Determining what constitutes a taking and the appropriate remedies when it occurs have proven problematic for the Courts. Recent Supreme Court actions have been particularly alarming, as the Court has seemingly embraced an expansive view of governments’ rights to invoke eminent domain to seize private property for other purposes.

Recent years have seen an erosion of the concept of “private property ownership” under the U.S. Constitution. The practical effect of the taking of privately owned property through over-regulation or acquisition has been a reduction in the economic productivity from that land and a lessening of the tax revenues necessary to support local communities and states. In June of 2005, the U.S. Supreme Court ruled in Kelo v. City of New London that local governments may seize private property to be turned over for private development. The Court’s 5-4 decision allows local governments to use eminent domain to seize property for redevelopment, even if that development primarily benefits a private company.

Property rights are under attack by all levels of government. Current regulations need to be reformed to protect private property rights and reduce "takings" by the government without fair compensation. Since the earliest days, the Western Caucus has taken a lead role in standing up for property rights in the halls of Congress. We will continue to oppose excessive uses of eminent domain and to offer bold and far-reaching solutions to the most egregious regulatory takings and compensation problems.