The specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.”
-Justice Sandra Day O’Connor (dissenting opinion, Kelo v. City of New London)
The US Supreme Court, in last year’s controversial 5 to 4 decision in Kelo v. City of New London, ruled that eminent domain, which had long been used by government to take private property for public works, highways and other accepted general welfare projects, could also be used by local governments to condemn (seize) one type of private property in favor of a new type of private development, if it served the greater public good. Like trading up from a mom & pop grocery to a Piggly Wiggly.
The overzealous abuse of eminent domain by local governments may be cooled if the Private Property Rights Implementation Act of 2006 (H.R.4772) is passed. If so, mom and pop will have a fighting chance.
Currently, property owners are first required to bring legal challenges to eminent domain seizures in state court before they can appeal to a federal court. This requirement makes it very difficult, time consuming and expensive to obtain relief in time to prevent this type of government land grab.
The new law will allow aggrieved home and business owners to sue directly in federal court to challenge these seizures as a violation of their constitutional rights under the Fifth Amendment.
The bill is sponsored by Rep. Steven Chabot (R-Ohio).
