[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1704 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1704

  To prohibit the use of Federal funds for the taking of property by 
                eminent domain for economic development.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2005

  Mr. Dorgan introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To prohibit the use of Federal funds for the taking of property by 
                eminent domain for economic development.

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

SECTION 1. PROHIBITION ON USE OF FEDERAL FUNDS IN ECONOMIC DEVELOPMENT 
              RELATING TO PROPERTY TAKEN BY EMINENT DOMAIN.

    (a) Short Title.--This Act may be cited as the ``Private Property 
Protection Act of 2005''.
    (b) Prohibition.--
            (1) In general.--No Federal funds may be used relating to a 
        property that is the subject of a taking by eminent domain.
            (2) Exception.--Paragraph (1) shall not apply if the 
        property is being used for public use or a public purpose.
    (c) Public Use or Public Purpose.--Economic development, including 
an increase in the tax base, tax revenues, or employment, may not be 
the primary basis for establishing a public use or public purpose under 
subsection (b).
    (d) Takings for Use by Private Individual or Entity.--Subsection 
(b) shall include takings of private property for the use of, or 
ownership by, any private individual or entity.
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