In the House
A bill to get rid of the Kelo decision:
The Private Property Rights Protection act, H.R. 1443, would prevent states from using eminent domain over property to be used for economic development, and establish a private right of action for property owners if a state or local government violates the new rule. It would also limit federal funds to states in which property is taken in violation of the law.
Good. Shortly after Kelo, a few states passed similar laws.
February 29th, 2012 at 1:26 pm
Like O’whoever’Care and the EBR ban, this shows just how long it takes to undo one fell swoop.
Bet pool on how soon the reportariat claims that a sweeping ban on seizure violates state sovereignty and Amendment X? Not if. When.
February 29th, 2012 at 3:16 pm
Seems to me that the best way to word laws like this would be to pass a law acknowleding that this right is covered under the 9th amendment. Enumeration of rights should be a one-way ratchet.
February 29th, 2012 at 4:19 pm
Hmmm.
Seems like there’s a Federalism problem here; Congress doesn’t have power to tell the States they can’t do that. (Especially after the Supreme Court says it’s perfectly Constitutional for the States to do so…)
The States are the entities that can fix this by legislation; or the Feds could fix it with an Amendment.
I don’t think the Legislative Branch has the proper power to do this.
(It does have power to withhold money, but didn’t the Supreme Court decide that it can’t use funding for random things as a stick to compel action?)
February 29th, 2012 at 11:36 pm
the State laws against eminent domain abuse often did nothing to stop the abuse. The eminent domain abusers themselves backed watered-down laws.
Agree also that this is a State problem, now that SCOTUS ruled Kelo the way they did. Unless we want to fund a very expensive and unsure attempt to find a case that would reverse Kelo.