WASHINGTON  -  U.S. Representative Jo Ann Emerson (MO-08) today cast a vote in favor of H.R. 4128, the Private Property Rights Protection Act.  The legislation would enable the federal government to withhold economic development funds from states or localities if they abuse the power of eminent domain.  The bill was passed in the U.S. House of Representatives by a vote of 376-38.

 

“I feel very strongly that the power of eminent domain should be used sparingly and only for the true public good: a necessary road or school.  State and local governments should not be in the real estate business,” Emerson said.

 

“Simply put, we should never be in the position where a private landowner loses his or her property rights so a city or a state can boost revenues.  That was never the intent of our Founders, and the Supreme Court ruling on this matter is out of step with the Constitution and the 5th Amendment.  Until this ruling is reversed and a legislative fix is applied, there is no protection for landowners from a revenue-seeking local 
government,” Emerson said. 

 

“This is a very serious matter, because of the possibility that a landowner whose property is taken by government could be left with little recourse in the courts.  The potential for legal land grabs and abuse of eminent domain is quite high because of what the Court allowed.  The Private Property Rights Protection Act is a reasonable, deliberate legislative response to that misguided legal decision.”

 

On June 23, the Supreme Court, in a 5 to 4 decision in Kelo v. City of New London, held that “economic development” can be a “public use” under the Fifth Amendment’s Takings Clause. In doing so, the Supreme Court allowed the government to take private property from one homeowner and give it to a large corporation for a private research facility.