Just in from the Institute for Justice. Second recent attempt to address the abuses of the “taking of private property for private gain” at the federal level.
More good news for California residents is that the bogus AB 887 may be going down to defeat in Committee. That proposed legislation was to provide a compensation package for small business owners. Stay tuned.
Following is the Press Release on the federal “Private Property Rights Protection Act” of 2007 that is being introduced in the House by the Honorable Maxine Waters(D) of LA and F. James Sensenbrenner of WI.(R)
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Institute for Justice
901 N. Glebe Road Suite 900 Arlington, VA 22203 (703) 682-9320 FAX (703) 682-9321
Home Page: WWW.IJ.org
FOR IMMEDIATE RELEASE:
July 12, 2007
Eminent Domain Reform
To Be Introduced in U.S. House of Representatives
Property Owners Still Left Unprotected from Federally Funded Abuses
Two Years After Kelo
Arlington, Va.-Today, Reps. Maxine Waters (D-CA) and F. James Sensenbrenner (R-WI) will introduce the Private Property Rights Protection Act of 2007 to stop taxpayer funding of eminent domain abuse. They will announce the bill at a press conference at 1 p.m. today in Room 2226 of the Rayburn House Office Building. This bipartisan bill would counter the effects of the U.S. Supreme Court’s infamous decision in Kelo v. City of New London, which allows governments to use eminent domain to seize private property on behalf of private developers in hopes of increasing tax revenue. The Act would deny for two fiscal years economic development funds to state and local governments that use eminent domain for private development.
In 2005, the U.S. House of Representatives overwhelmingly passed H.R. 4128, the Private Property Rights Protection Act of 2005, by a vote of 376 to 38. The bill was co-sponsored by representatives from across the political and ideological spectrum, including Reps. Waters, Sensenbrenner, John Conyers Jr. (D-MI), and Henry Bonilla (R-TX). Despite unprecedented bipartisan political and public support, the bill languished in the Senate Judiciary Committee and ultimately died.
“Federal protections from eminent domain abuse are long overdue,” said Bert Gall, a senior attorney at the Institute for Justice, which argued the Kelo case on behalf of the homeowners. IJ and the Castle Coalition-a nationwide grassroots organization of property owners and activists dedicated to stopping eminent domain abuse-have led the fight to reform state and federal eminent domain laws. “Even though the vast majority of Americans oppose the abuse of eminent domain for private development, the federal government still funds that abuse.”
June 23 marked the two-year anniversary of the Kelo decision. In every poll since that ruling, the public is overwhelmingly against eminent domain for private use. Forty-two states have passed eminent domain reforms reining in the Kelo decision, including 10 states where voters passed ballot measures by wide margins in last year’s elections.
But many of those reforms are inadequate, and only Congress can stop the federal funding of eminent domain abuse.
“Your security in your home, business or church should not depend on your zip code,” said Dana Berliner, an IJ senior attorney. “The Private Property Rights Protection Act of 2007 strikes the right balance. It prevents Americans’ federal tax dollars from being used to kick them off their land for private development, while allowing federal money for traditional public uses like roads and post offices.”
Federal funds were used in the New London, Conn., project that took away the homes of Susette Kelo and her neighbors to replace them with private development, as well as many similar projects across the country.
“My battle started to save my little pink cottage, but it has rightfully grown into something much larger-the fight to restore the American Dream and the sacredness and security of each one of our homes,” said Susette Kelo. “Our federal tax dollars shouldn’t be used to take away our homes and businesses so that developers can build shopping malls and condominiums.”
According to a new study using U.S. Census Data, eminent domain for private development falls hardest on the poor and minorities, just as Justice Sandra Day O’Connor warned it would in her Kelo dissent. “Victimizing the Vulnerable: The Demographics of Eminent Domain Abuse” was released by the Institute for Justice and is available at www.ij.org.
“Eminent domain abuse disproportionately targets the politically disenfranchised: the poor, less-educated and minorities,” said Steven Anderson, director of the Castle Coalition. “Unsurprisingly, tax-hungry governments and land-hungry developers prey on those that are less likely to be able to defend themselves. It is vital that the federal government stop subsidizing this blatant abuse of power.”————————————————————————————
Future posts will keep you updated on the progress of the above CA and federal legislation efforts on this key policy topic.
“Maxine Waters (D-CA)will introduce the Private Property Rights Protection Act of 2007 to stop taxpayer funding of eminent domain abuse.”
Well I certainly hope those of you on the “right” will stop trashing Maxine Waters at every turn.
Larry—This is a good bill. Maxine takes no prisoners so those that want to water this bill down should beware the wrath of Waters.
Chris Norby has given Maxine props for her strong positions…..it would be nice to see some of the “Better Dead then Not Red” Republicans echo that praise for her strong support of true eminent domain reform.
It’s good to be home and jump back into the battle to see passage of eminent domain protection for all Americans.
You would think that a simple ride on the winding road to Hana on the Island of Maui would be uneventful. But in our attempt to stop at one of the many waterfalls we were confronted by a property owner as to his “alleged” property rights at the end of a state or county road that led directly to this marvelous waterfall. Needless to say, after a friendly coversation, while he stood there with a beer in hand and a six pack in his gut, we showed our respect and departed. Cute, he smiled when we told him that we had just paid to park in a lot at the access to the site but that’s all behind us now.
OK. As to Maxine Waters. Let me report that I have a photo that I took at a prior CURE/MORR conference where Maxine is standing between Supervisor Chris Norby and State Senator Tom McClintock who has his arm on her shoulder.
Some people are so blinded by partisan politics that they fail to recognize nor acknowledge that Tom is fighting for those with less power, such as Ronzel Cato, a fifth generation African American, formerly from Fresno, to protect their property rights. Ronzel was the first member of his entire family to own a parcel of land in this great nation only to have it taken away by the city. Tom fought to support Ronzel nearly 10 years ago. And I should add that he will probably never meet many of these CA victims who happen to be Democrats. Nice going Sacramento. Redevelopment is a process created by Democrats to make Republicans wealthy yet many of those on the other side of the aisle are so caught up in partisan voting that they fail to serve the public.
Sadly the first attempt at the federal level never made it’s way out of the U.S. Senate who sat on it. Let’s hope and pray that this 2007 effort will have a different outcome.
Larry,
Thank you for the post and keeping us informed. This is something we certainly need badly. I am very glad to see that good things like this can have bipartisan support. Good for evreyone invloved in this bill to protect all of us who slave away daily to own our own little slice of the American dream.