Washington, D.C. - Private property rights advocates won a round today as U.S. Rep. Tim Johnson and the House Agriculture Committee approved a bill that would partially thwart the impact of the controversial U.S. Supreme Court decision in Kelo V. City of New London.

            The bill, HR 3405, would block federal funds from going to any state or local government that uses eminent domain to take land from one private entity to give it to another for purposes of economic development.

            “Private property rights are a core right in this country, one that the Kelo decision destabilized, much to the outrage of citizens across this country,” Rep. Johnson said. “The bill we reported out – enthusiastically and overwhelmingly, I might add - is one step in correcting that decision.”

             The legislation is referred to as the STOPP Act, for Strengthening the Ownership of Private Property Act of 2005. The prohibitions on federal funding for offending jurisdictions is limited to two years under the Act, a prohibition that can be lifted if the state or local government gives the property in question back to the original owner.

Another provision of the bill prohibits economic development funding when any state or locality fails to pay relocation costs to persons displaced by the use of eminent domain power for economic development. 

“Private ownership of property is vital to our freedom and prosperity,” said House Agriculture Committee Chairman Bob Goodlatte, R-Va. “However, the Supreme Court’s appalling ruling expands the ability of state and local governments to exercise eminent domain powers to seize property under the guise of ‘economic development’ when the public use is as incidental as generating tax revenue or creating jobs.”

The measure prohibits federal economic development funding for private property transfers except for the following circumstances:

-         Use by a public utility

-         A road or other right-of-way open to the public for transportation.

-         An aqueduct or pipeline

-         A prison or hospital

-         Any use during and in relation to a national emergency or national disaster declared by the President.

The bill also provides for a private right of action, allowing property owners the possibility of injunctive relief in certain circumstances.

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