11/15/05 Property rights bill moving in Congress

Farm and Ranch November 15, 2005 The U.S. House of Representatives recently overwhelmingly approved a bill to block the court-approved seizure of private property for use by developers. The legislation is a reaction to a Supreme Court decision this past June in the Kelo case, a case in which the high court expanded the rights of local governments to condemn property through eminent domain. During the House debate House Agriculture Committee Chairman Bob Goodlatte said the Kelo decision essentially erased private property rights. Goodlatte: "In the wake of this decision state and local governments can use eminent domain powers to take the property of any individual for nearly any reason. Cities may now bull doze private citizens homes, farms and small business to make way for shopping malls or other developments. " Goodlatte said the bill the House passed would effectively prevent local governments from seizing private land for economic development and would punish them if they did. Goodlatte: "This new legislation would prohibit all federal economic developments for a period of two years for any state or local government that uses economic development as a justification for taking property from one person and giving it to another private entity. In addition this new legislation would allow state and local governments to cure violations by giving the property back to the original owner. Furthermore this bill specifically grants adversely affected landowners the right to use appropriate legal remedies to enforce the provisions of the bill." Companion legislation is expected to pass the Senate soon. I'm Bob Hoff and that's the Northwest Farm and Ranch Report on the Northwest Ag Information Network.