Representative Rohrabacher Votes To Protect Property Rights

Nov 3, 2005
Press Release

Washington, Nov 3, 2005 - Today, Congressman Dana Rohrabacher (R-CA) voted in favor of H.R. 4128, the Private Property Rights Protection Act of 2005.“The Supreme Court’s ruling in Kelo v. New London forced House Republicans to examine the issue of private ownership and defend private property rights guaranteed by the constitution,” said Rep. Rohrabacher. “The abuse of eminent domain power under the guise of ‘economic development’ is an unacceptable precedent and today Congress reaffirmed the sanctity of private property.” Highlights of H.R. 4128, the Private Property Rights Protection Act of 2005:

  • Enhances the penalty for states and localities that abuse their eminent domain power by denying states or localities that commit such abuse all federal economic development funds for a period of two years;
  • Under this legislation, there is a clear connection between the federal funds that would be denied and the abuse Congress is seeking to prevent;
  • States and localities will have the clear opportunity to cure any violation before they lose any federal economic development funds;
  • 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; and
  • The Private Property Rights Protection Act of 2005 provides for the protection of the principles of private property. Specifically, the bill:
  • The Private Property Rights Protection Act includes carefully crafted refinements of the definition of "economic development" that specifically allow the types of takings that, prior to Kelo decision, had achieved a consensus as to their appropriateness.