Redstate

Posted at 4:07pm on Jun. 10, 2008 Curtailing Kelo

By Rep. John Sullivan

Most RedState readers know about the infamous 2005 Supreme Court decision, Kelo v. City of New London, where the court broadened the government’s authority to take your home, farm, business or place of worship.

Previously, the U.S. Constitution specifically limited government taking of private property through a relatively narrow exception for “public use.” Public use has historically referred to roads, schools, firehouses, etc. The negative effects of the far-reaching Kelo decision places millions of private property owners nationwide at risk.

Some states are trying to correct this injustice and have enacted restrictions on the use of eminent domain (which, in this case, is when the government seizes private property), with varied effectiveness. However, Congress has not taken action to restore private property rights and the abusive use of eminent domain has continued.

That is why I introduced H.R. 6219, the Private Property Rights Protection and Government Accountability Act of 2008, along with the House Energy and Commerce Committee Ranking Member Joe Barton. This bill will restrict certain federal economic development funds for 10 years to any state or locality in which eminent domain is used to take private property for a private purpose. It will also allow private property owners the legal recourse they deserve to fight baseless private property takings by state and local governments.

No family, business operator or place of worship is safe if the government decides that their property does not measure up, and that “public purpose” would be better served if it were torn down and replaced by something bigger, glitzier and more taxable.

I hope you will support us as we try to stop the local and state governments from taking your property.

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