II 109th CONGRESS 1st Session S. 1704 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.

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.