Legislation to prohibit the federal government from exercising its power of eminent domain for economic development has passed the House of Representatives and has been referred to the Senate Judiciary Committee. H. R. 4128, the Private Property Rights Protection Act of 2005, also prohibits any state or political subdivision from exercising its power of eminent domain for economic development if they receive federal economic development funds. If a state violates the prohibition they become ineligible for these funds for a two-year period. However, if the state returns any improperly taken property and makes all repairs from damages, it again becomes eligible for this federal funding.
- The bill requires the U. S. Attorney General to submit an annual report to the House and Senate Judiciary Committees identifying states or political subdivisions that have used eminent domain in violation of the Act.
- H. R. 4128 specifically expresses that the use of eminent domain for economic development is a threat to agricultural and other property in rural America, and it is the policy of the United States to promote the private ownership of property and to protect the legal rights of private property owners.
NATIONAL GRANGE POLICY
National Grange policy on domestic energy production in the 2006 Blueprint for Rural America states:
Reform Eminent Domain Authority and Protect Private Property Rights
Property rights are central to our liberty and our economy. The Founders realized the fundamental importance of property rights when they codified the Takings Clause of the Fifth Amendment to the Constitution, which requires that private property shall not be taken `for public use, without just compensation'. In the wake of the U.S. Supreme Court's decision in Kelo v. City of New London, abuse of eminent domain for the purpose of economic development is a threat to the property rights of all private property owners, including rural landowners. Rural lands are not traditionally considered high tax revenue generating properties for state and local governments. Nevertheless, ownership rights in rural land are fundamental building blocks of our Nation's agriculture industry. Farmland and forest land owners need to have long-term certainty regarding their property rights in order to make the commitment to invest in these properties. The use of eminent domain to take farmland and other rural property for economic development threatens liberty, the social fabric of rural communities, and the economy of the United States. Americans should never have to fear their government would arbitrarily take their homes, farms, or businesses. Governments should not abuse the power of eminent domain to force rural property owners from their land in order to develop rural land into industrial and commercial property.
Action Plan-
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Support prohibiting the Federal Government or any agency or authority of the Federal Government to exercise its power of eminent domain to be used for private economic development.
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Support legislation to require that no state, political subdivision of a state or any person or entity to which eminent domain power has been delegated, may exercise its power of eminent domain for the purpose of private economic development or over property that is subsequently used for economic development. Any State or political subdivision that exercises the power of eminent domain for private economic development should be ineligible for all Federal economic development funds for any purpose for a period of at least two years.
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Support state legislation and local ordinances to prohibit local political subdivisions from exercising their powers of eminent domain for the purpose of private economic development.
Action Needed
Please call or e-mail your two U. S. Senators urging them to take action on H.R. 4128 before the end of this legislative session. Please feel free to cut and paste the following sample letter. If you do not know your Senators e-mail addresses or telephone numbers please click here to find them.
Sample Letter or E-mail:
Dear Senator ____________:
I am writing to urge you to support the passage of H.R. 4128, The Private Property Rights Protection Act of 2005. This legislation prohibits the federal government from exercising its power of eminent domain for economic development. The bill also prohibits any state or political subdivision from exercising its power of eminent domain for economic development if they receive federal economic development funds. If a state violates the prohibition they become ineligible for these funds for a two-year period. However, if the state returns any improperly taken property and makes all repairs from damages, it again becomes eligible for this federal funding. The legislation also:
- Requires the U. S. Attorney General to submit an annual report to the House and Senate Judiciary Committees identifying states or political subdivisions that have used eminent domain in violation of the Act.
- Specifically expresses that the use of eminent domain for economic development is a threat to agricultural and other property in rural America, and it is the policy of the United States to promote the private ownership of property and to protect the legal rights of private property owners.
Please enact H. R. 4128 before the end of this session of Congress to stop all levels of government from abusing the power of eminent domain and forcing rural property owners from their land in order to develop rural land into industrial and commercial property. Thank you for your consideration in this matter.
Sincerely,
(Signature)
(Name)_________________
(Grange name and number) ________________
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If you have any questions or comments regarding this Action Alert, please contact Legislative Director Leroy Watson by e-mail: lwatson@nationalgrange.org by fax: 202-347-1091 or by phone: 1-888-4GRANGE, ext 114.
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Thank you for your grassroots participation in the National Grange Legislative Program.
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