Congressman Sensenbrenner Introduces Bill to reverse Kelo v. New London;

(Ed. note: As I understand it, Wisconsin has already changed their law regarding this, but this legislation would be national in scope.)

FOR IMMEDIATE RELEASE CONTACT: Raj Bharwani
July 12, 2007 (202) 225-5101

Sensenbrenner Introduces Legislation to
Overturn Supreme Court Case Kelo v. New London

(WASHINGTON, DC) -- Congressman F. James Sensenbrenner (R- Menomonee Falls), along
with Congresswoman Maxine Waters (D-CA), today introduced the Private Property Rights
Protection Act of 2007, to restore the property rights of all Americans that the Supreme Court took
away two years ago in Kelo v. City of New London. Joining these two will be other Members of
Congress, as well as Ms. Susette Kelo, whose home was the subject of the Supreme Court decision
that this bill attempts to rectify.
In the 5-4 Kelo decision, the Court held that the government’s taking of private property for
“economic development” can be a “public use” under the Fifth Amendment’s Taking Clause. In
doing so, the Court radically transformed the private property protections written into our
Constitution by effectively gutting the Fifth Amendment of this “public use” requirement, and
permitting the government to seize one homeowner’s private property to give it to a large
corporation for a private business use.
The Private Property Rights Protection Act of 2007 would prevent the federal government from
using economic development as a justification for exercising its power of eminent domain. This
legislation would also seek to discourage states and localities from abusing their eminent domain
powers by denying them federal development funds for a period of two years.
Today’s bill is similar to H.R. 4128, which overwhelmingly passed the House in 2005, by a vote of
376-38. This year’s version includes a new provision to protect not only homeowners, but also
tenants. Tenants who may lose their homes if the government exercises its eminent domain
authority should have the same right of action as a property owner who suffers injury. In the event
that a property owner or tenant is unable to bring a lawsuit to court, this legislation enables the
individual to file a report of violation with the Attorney General, who will enforce the act if it is
determined there is evidence of a violation.
“Property rights are civil rights,” said Sensenbrenner. “There can be no individual freedom without
the power of an individual to control his or her own autonomy through the free use of his or her
own property.”
“The Supreme Court’s decision poses an immediate threat to the essential freedoms of private
property owners,” Sensenbrenner continued. “This legislation is critical because if Congress does
not act, then the most likely victims of this decision will be the most vulnerable in our society.”
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