Washington, D.C. -  Rep. Tim Johnson said Thursday's passage of the Private Property Rights Protection Act restores a measure of balance to individual rights that are threatened by the Kelo v. City of New London case last summer.

"All of us are threatened by the Kelo decision, but none more so than those least able to defend themselves - the poor, the elderly, the otherwise disadvantaged," Rep. Johnson said. "Similarly threatened are landowners on the fringes of urban areas and rural property owners whose land is coveted by unscrupulous developers. This bill sends a strong message to local governments everywhere to keep its hands off of our homes, our businesses and our farms. This legislation is a huge victory for us all."

The Kelo decision, a 5-4 ruling, permitted local governments the authority under eminent domain to condemn private property and convey it to another private property for purposes of economic development. Previously, such condemnations could generally occur only under a "public use" rationale. The ruling provoked a storm of protest.

"Make no mistake. This is not a partisan issue," Rep. Johnson said. "Others that have gone on record in opposition include the NAACP, AARP, the American Farm Bureau and the Becket Fund for Religious Liberty. The Kelo decision is an affront to us all."

Thursday's action by the House of Representatives prohibits state and local governments that receive federal economic development funds from using eminent domain to seize land for economic development. The bill defines economic development as private, for-profit projects, or those designed to increase tax revenue, the tax base or employment.

If a court finds that such an economic development rationale was used, that state or local jurisdiction would not be eligible to receive federal economic development funds for the following two fiscal years.

Further, the legislation bars the federal government from exercising eminent domain in the name of economic development.

"We can't control every local government with these intentions, but we can make them think twice about contemplating these actions," Rep. Johnson said. "And as for the federal government, this legislation shows we can at least police ourselves in this regard and will not be a party to this assault on our basic liberties."

The legislation further specifically protects the property of religious and non-profit groups from being seized by state and local governments that receive economic development funds.

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