The House on Tuesday afternoon approved legislation that overturns a 2005 Supreme Court decision that affirmed the ability of states to take control of private property under the doctrine of eminent domain and hand it to another private developer.
That decision, Kelo v. City of New London, led to sharp complaints in particular from Republicans, who argued that the Court ignored the normal “public use” standard. Under that standard, eminent domain was seen as permissible only when the land or property taken would be retooled for public use.
But in the Kelo case, the city took non-blighted private property and gave it to a property developer, a move many said was a bid to expand the city’s tax revenues, and one that could erode private property protections.
The Private Property Rights Protection act, H.R. 1443, would prevent states from using eminent domain over property to be used for economic development, and establish a private right of action for property owners if a state or local government violates the new rule. It would also limit federal funds to states in which property is taken in violation of the law.
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