voted today for a measure that would protect private landowners from state and local governments that seize property for economic development purposes. The measure passed by a vote of 376 to 38 and is on its way to the U.S. Senate for further review.

"Our current legal system gives the government absolute power to seize private homes and businesses whenever it sees fit to further development," said Congressman Berry. "This is a clear violation of personal property rights and should not be tolerated."

The Private Property Rights Protection Act would prevent state and local governments from seizing private land for economic development initiatives. Any government that violates this measure and seizes land for a for-profit venture would lose federal economic development funds for up to two years.

This measure would clarify the Constitution's Fifth Amendment which permits the government to take private property for public use including the construction of roads, railways, hospitals, and military facilities. The U.S. Supreme Court expanded the Fifth Amendment in June 2005, when it ruled that the City of New London could seize private property for construction of a Pfizer pharmaceutical plant. The court decided the Pfizer plant would provide greater value to the city than the original land.

"While I fully respect the authority of the Supreme Court, I cannot support any decision that allows state and local governments to take property away from citizens," said Congressman Berry. "This is a serious threat to rural America where towns are developing and continue to spread into neighboring farmland. Something must be done now before more residents lose their homes or their livelihoods."

U.S. Congressman Berry voted for a House Resolution on June 30, 2005 that expressed strong disapproval of the Supreme Court's decision in the New London Case. He also voted in favor of the House version of the FY 2006 Transportation Treasury and Housing Appropriations bill that would prevent the use of federal funds to enforce the Supreme Court's decision.