Bradley Supports the Protection of Private Property Rights

BRADLEY SUPPORTS THE PROTECTION OF PRIVATE PROPERTY RIGHTS
Thursday, November 3, 2005

Legislation will toughen penalties for abuse of eminent domain powers

(Washington, D.C.) - Today, First District Congressman Jeb Bradley voted to protect private property rights and uphold the intended meaning of the eminent domain clause in the Fifth Amendment. Bradley is a cosponsor of H.R. 4128, the Private Property Rights Protection Act, which passed the House of Representatives with overwhelming support and now awaits action in the Senate. The bill enhances the penalty for any state or municipality that abuses its power of eminent domain by denying the entity any federal economic development funds for a period of two years. The locality would have the opportunity to remedy any violation before they lose these federal funds by either returning or replacing the improperly-taken property.

"The Supreme Court's recent ruling in Kelo v. New London paved the way for states and municipalities to be able to take one's home and property through eminent domain for private economic development," stated Bradley. "This is not what our Founders intended when they crafted the Fifth Amendment. Today's legislation will hopefully discourage states and municipalities from embarking on this dangerous infringement upon our constitutional rights."

H.R. 4128 was introduced as a result of the June 23rd Supreme Court decision in Kelo v. New London, in which the Court ruled by a 5 to 4 margin that private economic development can fall under the definition of public use under the Fifth Amendment's eminent domain clause. Congress has the authority to attach conditions to the receipt of any federal funds.

Earlier this year, the House of Representatives passed a resolution that expressed its disapproval of the Supreme Court's decision in the Kelo case.

http://www.house.gov/bradley/20051103_main.html