Institute for Justice
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FOR IMMEDIATE RELEASE:
December 11, 2006
Senate Fails to Pass Eminent Domain Reform
Thousands Remain Subject To Federally Funded Eminent Domain
Abuse
Arlington, Va.-Despite overwhelming nationwide public support
and historic bipartisan backing in the U.S. House of
Representatives, the U.S. Senate failed to pass the Private
Property Rights Protection Act of 2006 (H.R. 4128/S. 3873). As a
result, thousands of Americans will remain subject to eminent
domain abuse supported by federal dollars.
After failing to bring to a vote the reform that would have
de-funded eminent domain abuse at the federal level, S. 3873 was
“hotlined” last Tuesday [Dec. 5, 2006] in an attempt to pass the
legislation before the 109th Congress adjourned last week. (Hotlining
is an expedited process that allows congressional leadership to
present a bill to the entire chamber for unanimous approval.)
However, at least one unknown senator placed an anonymous “hold”
on S. 3873, effectively killing the legislation. Eminent domain
reform legislation was stalled both in the Senate Judiciary
Committee and on the Senate floor.
Dana Berliner, a senior attorney with the Institute for Justice,
which represented Susette Kelo in her fight against eminent
domain abuse and is leading the nationwide effort for eminent
domain reform, said, “Historically, the federal government has
provided the money to throw hard-working people out of their
homes and businesses to make way for private development
projects. The Senate had the opportunity to end this abuse, and
they blew it.” Under the federal Housing Act of 1949, cities
were authorized to use eminent domain to clear “blighted
neighborhoods,” and in the process displaced one million people,
two-thirds of them African-American.
More than one year ago, the U.S. House of Representatives passed
the “Private Property Rights Protection Act of 2005” (H.R. 4128)
by an overwhelmingly bipartisan vote of 376-38. This bill would
counter the effects of the U.S. Supreme Court’s universally
reviled decision in Kelo v. City of New London, which allows
state and local governments to use eminent domain to seize
property for private development on the mere possibility of
increased tax revenue or jobs. H.R. 4128 would discourage this
by withdrawing federal economic development funding for two
years from any local government that uses eminent domain for
economic development. This popular legislation was sponsored in
the House by Representatives Sensenbrenner, Conyers, Waters,
Bonilla and many others. Reform was championed in the Senate by
Senator John Cornyn but became mired in the Senate Judiciary
Committee for more than a year. To help push through the reform,
Senator James Inhofe introduced an identical bill (S. 3873) to
H.R. 4128 on the floor of the Senate in September. That bill
languished and failed to pass.
Berliner said, “Throughout the past year, we called on the
Senate leaders to make eminent domain reform a priority. We
showed them the polling data that demonstrated how much the
public hates eminent domain for private use and wants to see it
stopped. We set up meetings with homeowners who faced the loss
of their homes because of this abuse of government power. But in
the end, the Senate never committed to end the abuse of eminent
domain using federal money. It’ll now be up to the 110th
Congress to provide homeowners with protection.”
# # #
Christina Walsh
Assistant Castle Coalition Coordinator
Institute for Justice
901 N. Glebe Road, Suite 900
Arlington, VA 22203
(703) 682-9320
http://www.ij.org
http://www.castlecoalition.org
P.S. HELP THE CASTLE COALITION GROW!
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