09/12/05 Congressional hearing on Kelo decision

Farm and Ranch September 12, 2005 Legislation to protect private property in the wake of the U.S. Supreme Court's decision in Kelo versus City of New London was the subject of a hearing before the U.S. House Agriculture Committee Wednesday. The high court's narrow 5-4 ruling gives local governments broad eminent domain power to seize private property from one party and give it to another for economic development.. Bob Stallman, president of the American Farm Bureau, told the hearing agricultural land is particularly vulnerable to the powers allowed by Kelo and the Farm Bureau supports congressional action. Stallman: "The fair market value of agricultural land is less than residential and commercial property making a condemnation of agricultural land less costly. While agricultural lands are vital to the nation because they feed our people, they do not generate as much property tax revenue as homes or offices. As a result they become very susceptible to be taken for any of these other uses." And Stallman noted that municipalities generally grow outward into rural areas. Justice Sandra Day O'Connor's dissent in the Kelo case was cited by many at the hearing including Stallman. Stallman: "In which she said the spectre 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 center, or any farm with a factory." The bi-partisan Strengthening the Ownership of Private Property Act, or STOPP Act would withhold federal economic development funds from local governments who use eminent domain for economic purposes. I`m Bob Hoff and that's the Northwest Farm and Ranch Report on the Northwest Ag Information Network.