Wednesday, November 16, 2005

House Passes Private Property Protection Act

By Susan Jones
CNSNews.com Senior Editor
November 04, 2005 (CNSNews.com) -

By an overwhelming margin, the U.S. House of Representatives passed a private property protection act on Thursday -- a direct response to the recent Supreme Court ruling involving homeowners in New London, Conn.In Kelo v. City of New London, the court ruled 5-4 that the government may seize the home, small business or other private property of one citizen and transfer it to another private citizen -- if the transfer would boost the community's economic development and tax base.

The decision shocked many Americans, prompting some to demand action from Congress. "If the Supreme Court won't protect Americans' private property rights, then Congress must, and they ought to do so quickly, before more homes, businesses and farms are taken," said the Center for Individual Freedom said in September.

House Speaker Dennis Hastert (R-Ill.) said Congress has received an earful in the months since the Kelo ruling."In recent months, we have heard from thousands of constituents questioning the Kelo decision. Many of these landowners are families trying to raise their children or senior citizens who have lived in the same home most of their adult lives. "Private property owners are angry and worried -- and rightly so. They don't deserve to live under a cloud of uncertainty. People own their property. Eminent domain should be rare," the Speaker said.

Hastert said the bill (H.R. 4128, the Private Property Rights Protection Act of 2005) restores homeowners' rights and protects landowners from the "whims" of city officials seeking more tax revenue.

Specifically, the bill would withhold federal funds for economic development from states and communities that seize property for purposes of economic development. And it bars the federal government from seizing private property for economic development.The measure passed the House by a vote of 376-38. Similar legislation is pending in the Senate.

Sunday, November 13, 2005

Links to Eminet Domain issues nation wide

Click to view– See Archives (below) for earlier items

Trashing Eminent Domain — Checker's latest film gets Niantic screening: The (New London CT) Day, 11/11/05

In domain of renewal, a bad law: Philadelphia (PA) Daily News, 11/11/05

Supervisors agree to clarify policy on eminent domain: San Diego (CA) Union-Tribune, 11/10/05

Eminent domain changes Westville board: Gloucester County (NJ) Times, 11/8/05

Florida voters favor eminent domain restrictions: Jacksonville (FL) Business Journal, 11/8/05

Legislators mull eminent domain: (Gallatin TN) News Examiner, 11/7/05

Eminent Domain Roll Call: H.R. 4128: New Jersey Eminent Domain Law Blog, 11/4/05

Mayor won't seize restaurant to aid school: Newark (NJ) Star-ledger, 11/5/05

State lawmaker wants eminent domain limits: Billings (MT) Gazette, 11/5/05

Eminent Domain May Be Used If Flats Owners Don't Sell: News Channel 5 (Cleveland OH), 11/2/05

Gingrey Amendment to Protect Houses of Worship from Eminent Domain Abuse: Christian News Today

Hollywood commissioners embrace right to seize property belonging to residents: (S Florida) Sun-Sentinel, 11/3/05

Eminent domain limits pass House: Pittsburgh (PA) Tribune-Review, 11/2/05

St. Charles may limit eminent domain: St Louis (MO) Post-Dispatch, 11/01/05

Preston outlaws eminent domain: Norwich (CT) Bulletin, 11/2/05

Officials mull eminent domain: Monterey County (CA) Herald, 11/2/05

Unfair to blast Supreme Court for eminent domain ruling: Rochester (NY) Democrat & Chronicle, 11/1/05

Seizure of land leaves Londonderry residents fuming: (Manchester NH) Union Leader, 10/20/05

Eminent domain threat alleged in Atascadero: St Luis Obispo (CA) Tribune, 10/31/05

Council responds to tax claims, eminent domain: San Mateo (CA) Daily Journal, 10/29/05

Park agency considers using eminent domain: San Francisco (CA) Chronicle, 10/29/05

Eminent domain trial set: Davis (CA) Enterprise, 8/28/05

Eminent domain provision draws fire: Bristol (TN) Herald-Courier, 10/28/05

Eminent domain abuse overblown, says legal expert: Gloucester County (NJ) Times, 10/27/05

Bill to curb eminent domain OK'd: Cleveland (OH) Plain Dealer, 10/27/05

D.C. Seizes 16 Owners' Property for Stadium: Washington (DC) Post, 10/26/05

Eminent domain bill advances: The (Harrisburg PA) Patriot-News, 10/26/05

City Invokes Eminent Domain To Claim Stadium Site: WJLA-TV — ABC-7 (Washington DC), 10/26/05

Eminent domain takes a hit: The Jersey (Jersey City NJ) Journal, 10/26/05

Monday, November 07, 2005

News Headlines ------

Eminent domain trial set
The Davis Enterprise - 2 hours, 43 minutes agoPublished Oct 28, 2005 - 14:38:39 CDT. A critic of Yolo County's attempt to buy the Conaway Ranch by eminent domain has released a document that he says shows the county discussed funding the purchase by selling water to Joint Powers Authority members and out-of-county interests.

Assembly hears testimony on eminent domain
Legislative Gazette - Nov 07 6:02 AM Gazette staff writer A recent U.S. Supreme Court case regarding eminent domain was the impetus for an Assembly hearing last Tuesday that attracted municipal representatives and property rights activists.

W.Va. GOP seeks curbs on eminent domain
Charleston Daily Mail - Nov 07 7:54 AM West Virginia Republicans are encouraged by last week's congressional action on eminent domain and plan to seek curbs on the government's power to force landowners to sell their property.

Legislature ponders limits to eminent domain takings
phillyburbs.com - Nov 05 1:43 PM HARRISBURG, Pa. - Pennsylvania legislators are considering changes to the state's eminent domain law in the wake of a U.S. Supreme Court ruling that a Connecticut town could force homeowners to relinquish property to make room for a commercial development project.

Eminent domain protection
Times-Reporter - Nov 05 1:52 AM For a change, state and national legislative bodies are acting swiftly following the U.S. Supreme Court’s Kelo v. New London decision to allow the taking of property for private development under eminent domain proceedings.

Poll: Eminent domain
Newsday.com - Nov 04 9:06 PM Do you agree with the policy of eminent domain? Yes, if it use put to good use No, private property should remain private What is eminent domain?

House Counters Eminent Domain
Builder Online - Nov 07 8:47 AM WASHINGTON -- Conservative defenders of private property and liberal protectors of the poor joined in an overwhelming House vote to prevent local and state governments from seizing homes and businesses for use in economic development projects.

House passes eminent domain restrictions
St. Louis Business Journal - Nov 04 8:12 AM Local governments would lose federal economic development funds if they misuse their power of eminent domain under a bill passed Thursday by the U.S. House of Representatives.

GlobeSt.com UPDATE: House Passes Eminent Domain Reform
GlobeSt.com - Nov 04 11:13 AM WASHINGTON, DC-Responding to the US Supreme Court's June 2005 ruling in Kelo v. City of New London--which confirmed local, state and federal governments' rights to seize private property for economic development purposes to benefit the common good--the US House of Representatives has passed legislation designed to prevent federal exploitation of the eminent domain instrument.

Bill targets ruling on eminent domain
Boston Globe - Nov 04 12:12 AM WASHINGTON, D.C. Contending that the Supreme Court has undermined a pillar of American society, the House yesterday approved a bill, 376 to 38, to block the court-approved seizure of private property for use by developers. The bill would withhold federal money from state and local governments that use powers of eminent domain to force landowners to give up property for ...