BILL ADDRESSES ABUSE OF EMINENT DOMAIN AS IN THE KELO CASE

Washington, Nov 3, 2005 - "I do not believe that eminent domain should be used to remove homeowners and private businesses for the good of developers and other private parties," stated Rep. Cliff Stearns (R-Ocala). "As Supreme Court Justice Sandra Day O'Conner noted in her dissent in Kelo v. New London, 'nothing is to prevent the state from replacing any Motel 6 with a Ritz Carlton, any home with a shopping center, or any farm with a factory.'"

Today, Stearns joined the House in approving H.R. 4128, the Private Property Rights Protection Act. H.R. 4128 denies federal economic development assistance to any state or local entity that uses power of eminent domain for economic development, and prohibits federal agencies from engaging in this practice. It also includes an express private right of action to make certain that those suffering injuries from a violation of the bill will be allowed access to state or federal court to enforce its provisions. It also includes a fee-shifting provision identical to those in other civil rights laws that allows a prevailing property owner attorney and expert fees as part of the costs of bringing the litigation to enforce the bill's provisions.

The Supreme Court's June decision in Kelo v. New London supported the government's use of eminent domain in taking private property for private economic development. Added Stearns, "Although growth and economic development are important to any community, they should not be balanced on the back of individual property owners." In October, Stearns held a hearing to look at ways to protect the property rights of individuals in cases of eminent domain.