The Protection of Homes, Small Businesses, and Private Property Act of 2005

The Protection of Homes, Small Businesses, and Private Property Act of 2005

Cornyn legislation would clarify government's exercise of its power of eminent domain to be limited only for public use

Monday, June 27, 2005

Floor Statement -
http://www.cornyn.senate.gov/doc_archive/jc_other/PHSB%20and%20PPA%202005%20floor%20statement.pdf
Text of S. 1313 -
http://www.cornyn.senate.gov/doc_archive/jc_other/PHSB%20and%20PPA%202005%20billtext.pdf

WASHINGTON -U.S. Sen. John Cornyn, a member of the Constitution, Civil Rights and Property Rights subcommittee, introduced legislation Monday in response to a controversial ruling by the United States Supreme Court in Kelo v. City of New London. In a 5-4 decision, the Court held that government may seize the home, small business, or other private property of one owner and transfer that same property to another private owner, simply by concluding that such a transfer would benefit the community through increased economic development. The Cornyn legislation would prohibit such transfers of private property, without the owner's consent, if federal funds were used, and if the transfer was for purposes of economic development rather than public use.

"It is appropriate for Congress to take action, consistent with its limited powers under the Constitution, to restore the vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of the power of eminent domain," Cornyn said. "This legislation would declare Congress's view that the power of eminent domain should be exercised only 'for public use,' as guaranteed by the Fifth Amendment, and that this power to seize homes, small businesses, and other private property should be reserved only for true public uses. Most importantly, the power of eminent domain should not be used simply to further private economic development."

The legislation would clarify government's exercise of its power of eminent domain to be limited only for public use. 'Public use' shall not be construed to include economic development. This standard of protection would apply only to (1) all exercises of eminent domain power by the federal government, and (2) all exercises of eminent domain power by state and local government through the use of federal funds.

Sen. Cornyn currently chairs the Judiciary Committee's subcommittee on Immigration, Border Security and Citizenship, and in the last Congress he was chairman of the Constitution, Civil Rights and Property Rights subcommittee. He is the only former judge on the Judiciary Committee. Sen. Cornyn served previously as Texas Supreme Court Justice, Texas Attorney General, and Bexar County District Judge.

http://cornyn.senate.gov/record.cfm?id=239637