[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3631 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3631

               To limit the States use of eminent domain.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2005

  Mr. Hefley introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
   Committee on Financial Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
               To limit the States use of eminent domain.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eminent Domain Limitation Act of 
2005''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the protection of private property is one of the three 
        basic tenets of American government;
            (2) it is the constitutional duty of the Federal Government 
        to defend the Constitution;
            (3) the United States Supreme Court's decision of June 23, 
        2005 in the case of Kelo et al v. City of New London et al 
        appears to expand the definition of public use under eminent 
        domain to significantly threaten private property rights;
            (4) economic development is not a public use, for the 
        purposes of eminent domain; and
            (5) no property should be taken for a public use unless the 
        need for such taking is exigent.

SEC. 3. LIMITATIONS ON STATE USE OF EMINENT DOMAIN.

    (a) In General.--No State shall be eligible to receive any Federal 
assistance for any economic development unless that State has in effect 
a law relating to takings meeting the criteria set forth in subsection 
(b).
    (b) Criteria.--The law relating to takings must--
            (1) prohibit the use of eminent domain for economic 
        development;
            (2) limit the uses for which eminent domain may be used to 
        public health and safety, rights-of-way for public utilities 
        and public highways and parks; and
            (3) require the entity engaging in the taking to show the 
        necessity for it and that no reasonable alternatives exist.
    (c) Administration.--The President shall make rules to carry out 
this Act and determine which States are in compliance and direct 
appropriate agencies and entities to withhold assistance accordingly.
    (d) Effective Date.--This section applies with respect to fiscal 
year 2007 and succeeding fiscal years.
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