Rep. Boozman Votes to Protect Private Property Rights
Rep. Boozman Votes to Protect Private Property Rights
Congressman joins majority of colleagues to pass bill in response to Supreme Court decision
Washington, Nov 3 - U.S. Representative John Boozman (R-AR) today voted to protect private property rights in the wake of the Supreme Court's errant decision to allow local governments to use economic development as a reason to seize private property.
H.R. 4128, the "Private Property Rights Protection Act," 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. It passed the House of Representatives today by a vote of 376-38.
"The Kelo decision gives local governments the green light to abuse their eminent domain power. Local governments can now take away an individual's private property if they feel that strip mall would provide them with more tax revenue based on the Court's decision in the Kelo case," said Boozman. "This bill will make local governments think twice before attempting to cheat people out of their property."
In Kelo v. City of New London, the Supreme Court decided the Takings Clause of the Fifth Amendment could apply in cases where local governments seize property for the "promotion of economic development." As a result of the Court's decision, cities can now use eminent domain to take away the real property of any individual if they believe it will increase their tax base.
"Our Nation's Founders understood that private ownership of property is vital to both freedom and prosperity. By defining "public use" so expansively, the Court has essentially erased the protections for private property that the Founders fought so hard to give us," said Boozman.
Highlights of H.R. 4128, the Private Property Rights Protection Act of 2005:
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;
Under this legislation, there is a clear connection between the federal funds that would be denied and the abuse Congress is seeking to prevent;
States and localities will have the clear opportunity to cure any violation before they lose any federal economic development funds.
House passage of the "Private Property Rights Protection Act" clears the way for the Senate to now address this important issue.
http://www.boozman.house.gov/News/DocumentSingle.aspx?DocumentID=36594