2-28-2012 - Pence Supports Private Property Rights PDF Print

 

Washington, D.C. – U.S. Congressman Mike Pence released the following statement today supporting H.R. 1433, the Private Property Rights Protection Act of 2012. This bill, which passed by voice vote, prevents the federal funding of so-called "economic development" eminent domain takings.

"As the Fifth Amendment to the Constitution states, 'no person shall be deprived of life, liberty, or property without due process of law. Nor shall private property be taken for public use without just compensation.' We must ensure that our Constitutional rights are upheld for everyone and that 'public use' does not extend to unjust takings of property for economic development. I urge the Senate and the President to support this bipartisan legislation," said Pence.

Background:

In June 2005, the Supreme Court ruled in Kelo v. City of New London that "economic development" could constitute a permissible "public use" under the Fifth Amendment's Takings Clause. This ruling opened the door to increased eminent domain abuse by state and local governments seeking to increase their tax bases at the expense of homeowners, small businesses and family farms. The Private Property Rights Protection Act would prohibit state and local governments that receive federal economic development funds from using eminent domain to transfer private property from one private owner to another for the purpose of economic development.

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