House Boosts Property Rights

The House of Representatives on Nov. 3 overwhelmingly approved a bill to protect private property rights and blunt the effects of a U.S. Supreme Court decision that expands eminent domain powers. The legislation protects private property owners by providing strong federal economic disincentives for state and local governments condemning property for the purpose of private economic development.

The U.S. Supreme Court on June 23 in Kelo vs. City of New London approved the use of eminent domain to condemn private property for higher economic value, such as development.  For agricultural producers living in the path of urban/rural conflict, this decision could have a significant impact.  It is easy to imagine a local government deciding it needs the taxes a new Wal-mart could deliver more than it needs the ranches that occupy the land.  

Multiple bills have been introduced in both the House and Senate, as well as individual states, attempting to address the Kelo ruling and protect private property owners.  The Senate Judiciary Committee and House Agriculture and Resources Committees have conducted hearings on possible legislative solutions.  To date, the Nov. 3 passage of H.R. 4128 is the first definitive action in either the House or Senate.

For ranchers and cattlemen, it is critical that state and local eminent domain authority expanded by the Court’s opinion be controlled by statute. NCBA, at the direction of its members, supports all legislative efforts to do so. 

As the House has passed this bill, it is vital that cattle producers communicate the importance of this issue in the Senate.  Contact your senators to urge them to support S. 1313, the “Protection of Homes, Small Businesses, and Private Property Act of 2005.”  Go to http://capwiz.com/beefusa/ to contact your senators directly or call the U.S. Capitol switchboard at 202-224-3121.