Dear Representative:
On behalf of the 350,000 members of the National Taxpayers Union (NTU), I write to express our support for H.R. 4128, the Private Property Rights Protection Act of 2005. The House of Representatives is scheduled to consider the bill later this week.
In June, the nation's highest court held that the city of New London, Connecticut was justified in seizing the property of Susette Kelo and her fellow homeowners on behalf of a private party that claimed it could generate higher economic activity and tax revenues if the land were put to a different use. Although this power of "eminent domain" has been subject to past controversy, the latest ruling has justifiably drawn fire from citizen groups across the political spectrum.
Despite the U.S. Constitution's prohibition against taking private property for public use without just compensation, the Supreme Court's 5-4 decision in Kelo permits the use of eminent domain for private to private transfers as long as government officials have a "plan" and believe there will be some economic benefit from the taking.
Taxpayers are now dependent on state legislatures to individually pass protections against eminent domain abuse, but H.R. 4128 would at least keep states or other localities from using federal funds to bankroll such projects. H.R. 4128 would prohibit a state or locality from using "economic development" as a reason to invoke the power of eminent domain if the locality received federal funds in the same fiscal year in which eminent domain was utilized. Additionally, violators of this law would be rendered ineligible for any federal economic development funds for two years unless they returned the takings and replaced destroyed or damaged property. The bill would also prohibit the federal government from condemning property for economic development.
The House should act quickly to pass this vital legislation so that Congress can pass essential protections before the year's end. The future of many homes and businesses awaits your decision. NTU encourages all Members to vote in favor of H.R. 4128. Votes on final passage will be significantly weighted in our annual Rating of Congress.
Sincerely,
Kristina Rasmussen
Government Affairs Manager