House Acts Against High Court On Eminent Domain
The Associated Press
The House has passed legislation to undercut a 2005 Supreme Court ruling that gives state and local governments eminent domain authority to seize private property for economic development projects.
Supporters of the bill say the 5-4 high court decision was an instance of overreach, and that the government should not be able to take away a private person's home or business for commercial purposes.
The Fifth Amendment of the Constitution says private property cannot be taken for public use without just compensation, and eminent domain has traditionally been used to obtain land for public projects such as highways or airports.
The bill would withhold for two years all federal development aid to states or locales that take private property for economic development. It now goes to the Senate.
In post-Kelo 2005 the House overwhelmingly passed the same punitive bill but the Senate didn't act. Rumor had it that it was New York's own Senator Schumer who led the Senate stonewalling on the bill to protect the real estate industry. There was also a full scale effort to block the bill by Mayor Bloomberg (blocking it was one of the items on Bloomberg's 2006 "Five Priorities" card.)
Let's see what happens this time.
