"The court essentially erased any protection for private property as understood by the founders of our nation."
House Ag Holds Hearing On Kelo Ruling; STOPP Receives Support
9/15/05
Livestock Weekly
Copyright 2005
WASHINGTON — House Agriculture Committee Chairman Bob Goodlatte recently chaired the first hearing in the House of Representatives on the potential effects of the U.S. Supreme Court's June 23 decision in Kelo v. City of New London, the controversial ruling that appears to give local governments greater eminent domain power than many in Congress — and a growing number of Americans — believe they should have.
A week after the Court's ruling, the House, by a margin of 10 to one, passed a motion disagreeing with the Court.
"Private ownership of property is vital to our freedom and our prosperity and is one of the most fundamental principles embedded in the U.S. Constitution,” said Goodlatte, R-Va.. “However, the Supreme Court's recent five-to-four decision in Kelo v. City of New London is a step in the opposite direction.
“This controversial ruling expands the ability of state and local governments to exercise eminent domain powers to seize property under the guise of 'economic development' when 'public use' is as incidental as generating tax revenues or creating jobs.
“By defining 'public use' so expansively,” Goodlatte continued, “the court essentially erased any protection for private property as understood by the founders of our nation, leaving state and local governments with the ability to use eminent domain powers to take the property of any individual for nearly any reason."
The committee also analyzed the merits of H.R. 3405, the "Strengthening The Ownership of Private Property" Act of 2005, bipartisan legislation introduced by Representatives Henry Bonilla, R-Texas, Stephanie Herseth, D-S.D., Goodlatte, Collin Peterson, D-Minn., the committee's ranking member, and a number of other House members.
This legislation mandates that if a state or local government uses eminent domain for economic development and takes land from one private entity to give to another, that state or locality will not be eligible to receive federal funding for any projects receiving federal economic development assistance.
"Chairman Goodlatte's leadership will be a key success point in this legislation. By securing early hearings and moving swiftly through the committee process, the chairman is helping ensure rapid implementation of our bill. I'm thankful for his support and look forward to the legislation's continued success," said Bonilla, chairman of the House Agriculture Appropriations Subcommittee.
"The Supreme Court decision in Kelo v. City of New London dealt a serious blow to the fundamental rights of property owners. In essence, the ruling means that governments can take your property and give it to someone else,” said Herseth.
“I think this is a dangerous precedent that requires congressional action. In the short time since its introduction, the STOPP Act has garnered broad bipartisan support because it is necessary, common sense legislation."
"It is important for government at all levels to respect and protect private property rights from inappropriate seizure at the whim of local governments for purely economic reasons," added Peterson.
Under H.R. 3405, state and local governments would be subject to the Uniform Relocation Act, which provides fair market value and moving expenses for citizens relocated by abusive eminent domain proceedings.
"The nation's founders realized the fundamental importance of property rights when they codified the takings clause of the Fifth Amendment to the Constitution, which requires that private property shall not be taken unless for public use and with just compensation," said Goodlatte. "No one should have to live in fear of the government snatching up their home, farm, or business, and I am committed to ensuring that our rights are protected as the founders intended."
This measure was referred to five separate committees of jurisdiction: Agriculture, Education and the Workforce, Financial Services, Resources, and Transportation and Infrastructure.
© 2005 Livestock Weekly: www.livestockweekly.com
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9/15/05
Livestock Weekly
Copyright 2005
WASHINGTON — House Agriculture Committee Chairman Bob Goodlatte recently chaired the first hearing in the House of Representatives on the potential effects of the U.S. Supreme Court's June 23 decision in Kelo v. City of New London, the controversial ruling that appears to give local governments greater eminent domain power than many in Congress — and a growing number of Americans — believe they should have.
A week after the Court's ruling, the House, by a margin of 10 to one, passed a motion disagreeing with the Court.
"Private ownership of property is vital to our freedom and our prosperity and is one of the most fundamental principles embedded in the U.S. Constitution,” said Goodlatte, R-Va.. “However, the Supreme Court's recent five-to-four decision in Kelo v. City of New London is a step in the opposite direction.
“This controversial ruling expands the ability of state and local governments to exercise eminent domain powers to seize property under the guise of 'economic development' when 'public use' is as incidental as generating tax revenues or creating jobs.
“By defining 'public use' so expansively,” Goodlatte continued, “the court essentially erased any protection for private property as understood by the founders of our nation, leaving state and local governments with the ability to use eminent domain powers to take the property of any individual for nearly any reason."
The committee also analyzed the merits of H.R. 3405, the "Strengthening The Ownership of Private Property" Act of 2005, bipartisan legislation introduced by Representatives Henry Bonilla, R-Texas, Stephanie Herseth, D-S.D., Goodlatte, Collin Peterson, D-Minn., the committee's ranking member, and a number of other House members.
This legislation mandates that if a state or local government uses eminent domain for economic development and takes land from one private entity to give to another, that state or locality will not be eligible to receive federal funding for any projects receiving federal economic development assistance.
"Chairman Goodlatte's leadership will be a key success point in this legislation. By securing early hearings and moving swiftly through the committee process, the chairman is helping ensure rapid implementation of our bill. I'm thankful for his support and look forward to the legislation's continued success," said Bonilla, chairman of the House Agriculture Appropriations Subcommittee.
"The Supreme Court decision in Kelo v. City of New London dealt a serious blow to the fundamental rights of property owners. In essence, the ruling means that governments can take your property and give it to someone else,” said Herseth.
“I think this is a dangerous precedent that requires congressional action. In the short time since its introduction, the STOPP Act has garnered broad bipartisan support because it is necessary, common sense legislation."
"It is important for government at all levels to respect and protect private property rights from inappropriate seizure at the whim of local governments for purely economic reasons," added Peterson.
Under H.R. 3405, state and local governments would be subject to the Uniform Relocation Act, which provides fair market value and moving expenses for citizens relocated by abusive eminent domain proceedings.
"The nation's founders realized the fundamental importance of property rights when they codified the takings clause of the Fifth Amendment to the Constitution, which requires that private property shall not be taken unless for public use and with just compensation," said Goodlatte. "No one should have to live in fear of the government snatching up their home, farm, or business, and I am committed to ensuring that our rights are protected as the founders intended."
This measure was referred to five separate committees of jurisdiction: Agriculture, Education and the Workforce, Financial Services, Resources, and Transportation and Infrastructure.
© 2005 Livestock Weekly:
To search TTC News Archives click
To view the Trans-Texas Corridor Blog click
posted by Porkus Maximus Tex: at Thursday, September 15, 2005
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