Wamp Applauds House Passage Of New Curbs On Use Of Eminent Domain

Thursday, November 03, 2005

Rep. Zach Wamp praised passage by the House of Representatives Thursday of a bill "to curb abuses of the eminent domain power.

The House approved H.R. 4128, The Private Property Protection Act of 2005.

Rep. Wamp said, "The authority to condemn and seize land for the public good - to build highways, schools or eliminate slums - by invoking the power of eminent domain should only be used in extraordinary circumstances.

"But today in America we have a growing problem that has been sanctioned by the highest court in the land; state and local governments are using eminent domain to seize perfectly good homes and property for no other purpose than monetary gain.

"That's just un-American."

Congressman Wamp is a cosponsor of the legislation and voted for its passage. The bill passed overwhelmingly by a bipartisan vote of 376 to 38.

He said, "Eminent domain was originally intended to be used only in extreme circumstances when the public benefit would be so great that it might justify overriding one of the most basic American freedoms: the right to own and control your own land and home.

"In 1997, Susette Kelo, who long dreamed of owning a home near the water, bought and lovingly restored a little pink cottage overlooking Long Island Sound in a working class area of New London, Conn. But the city had another idea; it used eminent domain to seize Kelo's and other adjacent properties to boost its sagging tax base by building a multi-million dollar private research complex.

"In December of 2000, Kelo sued the city for abusing its eminent domain power and her case went all the way to the U.S. Supreme Court. Unfortunately, in June of this year, the court narrowly ruled 5 to 4 in the city's favor.

"This was one of the worst Supreme Court rulings in my lifetime. The Framers of the Constitution never intended this extraordinary power to be used in such an nefarious manner."

He said the ruling "has outraged individuals and organizations across America's political spectrum. The NAACP, AARP and American Farm Bureau all oppose Kelo because they fear the land of those they advocate for can now be taken just so a city or state can improve its tax base. It also united many Republicans and Democrats in Congress to take action.

"Should H.R. 4128 become law, states and localities that abuse their eminent domain power could be denied all federal economic development funds for a period of two years. In addition, aggrieved property owners would be allowed expedited access to state and federal courts to seek timely adjudication of their claims.

"The rationale is simple: states or municipalities that abuse their eminent domain power by using 'economic development' as a rationale for taking private property should not be trusted with federal economic development funds that could contribute to similarly abusive land grabs.

"While the Fifth Amendment to the Constitution says that private property may be taken for public use only if just compensation is paid, the Founders could never have imagined that clause would have become a tool to boost municipal tax bases by seizing land from low-income citizens and selling it off the well-heeled developers. An overwhelming number of the residents of Tennessee's 3rd District have expressed outrage over the Kelo decision and fear their land could be taken next and this legislation begins to address their concerns."

A similar measure, S.1313, is pending in the Senate.


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