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Contact: John Gentzel, Communications Director 202-225-4315

Use of Eminent Domain in Ardmore


Washington, Feb 27 -

Last week, I was glad to bring into the area a colleague of mine who is taking a lead role, as am I, on the issue of private property protection rights – F. James Sensenbrenner of Wisconsin. Congressman Sensenbrenner is chairman of the House Committee on the Judiciary, the prime sponsor of H.R. 4128, the Private Property Rights Protection Act, and an authority on the eminent domain issue.

With the controversial Ardmore Redevelopment Plan garnering national headlines, it was important for Chairman Sensenbrenner to see the community, walk around the neighborhood and understand firsthand the concerns local merchants and residents have about the proposed plans for spurring economic development in Lower Merion.

Passed by the House in November in reaction to the Supreme Court’s controversial ruling in the case of Kelo vs. the City of New London, The Private Property Rights Protection Act establishes a penalty for states and localities that abuse their eminent domain power by denying states or localities that commit such abuse all federal economic development funds for a period of two years.

Specifically, the legislation prohibits state and local governments from taking private property and conveying or leasing that property to another private entity for either a commercial purpose or to generate additional taxes, employment, or general economic health. Any state or local government found to have violated this prohibition would be ineligible for certain federal economic development funds for two years, but could become eligible by returning or replacing the property. Furthermore, this legislation gives private property owners the right to bring legal actions seeking enforcement of these provisions and would waive states’ constitutional immunity to such suits.

The right to own private property is a fundamental right ensured to all Americans by the Constitution. It’s a right guarded very seriously by many, including myself, and one this legislation is designed to protect. The Private Property Rights Protection Act would add additional safeguards to protect the rights of the citizens, including those potentially affected by the proposed Ardmore Redevelopment plan. I was very happy to vote for this legislation in November.

I do not agree with the current proposed Ardmore redevelopment plan that includes the use of eminent domain. And I have received assurances from the Township that the $6 million I secured for the construction of a new transit center in Ardmore will only be used for that project and not as part of a larger redevelopment effort based in part on the involuntary taking of private property. Additionally, SEPTA promised to keep the train station redevelopment atop its list of priorities even if the overall redevelopment plan fails.

While the Constitution’s 5th Amendment has long been determined to grant the government the right to take or force the sale of property for public use, never before has the Court included the taking of land for private economic development as a “public use.” Congress must act to take the appropriate steps to ensure this right is properly protected.

 

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