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Reps. Waters & Sensenbrenner Introduce Private Property Rights Protection Act

July 20, 2009

Congresswoman Maxine Waters (D-CA) and Congressman James Sensenbrenner (R-WI) today introduced H.R. 1855. the Private Property Protection Act of 2009, legislation that would restore property rights that the Supreme Court changed in its controversial 2005 decision in Kelo v. City of New London.  In Kelo, the Court upheld the ability of the government to transfer privately owned property against the wishes of the owner to a large corporation, declaring that the resulting economic development would produce benefits to the community, and therefore, be considered permissible "public use" under the Takings Clause of the Fifth Amendment of the Constitution. 

The Court's ruling raised concerns that government could use its power to seize private property from individual private citizens for the benefit of more powerful, better connected, wealthier private parties.

"Our legislation restores fairness and protects every American citizen from being deprived of a fundamental right by a powerful government," said Congresswoman Waters. "Quite frankly, as a progressive Democrat I do not often agree with, let alone co-sponsor bills with, Congressman Sensenbrenner who is a conservative Republican, but we both feel strongly about the principles at stake.  The abuse of eminent domain at the expense of individual property owners is not what our founders intended.  This legislation is important and necessary to restore a basic right." 

"One of the foundations of American government is the protection of private property rights," Sensenbrenner said.  "This is important legislation that will prevent the government from using its power of eminent domain to justify taking someone else's property in the name of ‘economic development.'  With this legislation, homes, farms, churches and other privately owned property will be safe from a land grab from someone else.  That practice is abhorrent and should be stopped."

The Private Property Rights Protection Act of 2009 restores the property rights of all Americans and prevents the federal government or any authority of the federal government from using economic development as a justification for exercising its power of eminent domain. The bill would also discourage states and localities from abusing their eminent domain power by denying states or localities that commit such abuse all federal economic development funds for a period of two years.

Congresswoman Waters and Congressman Sensenbrenner introduced this legislation as H.R. 3053 during the 110th Congress.  This bill is substantially similar to H.R. 4128, legislation that passed the House in the 109th Congress by an overwhelming vote of 376-38 but was never enacted.

Several states have taken steps to secure property rights after the Kelo case.  For example, California voters passed Proposition 99 in June 2008, amending the state constitution to prohibit state and local governments from using eminent domain to acquire an owner-occupied residence for conveyance to a private person or business.  In 2006 two Wisconsin laws protecting property owners went into effect.  

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