[Congressional Record Volume 151, Number 115 (Wednesday, September 14, 2005)]
[Senate]
[Page S10046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN:
  S. 1704. A bill to prohibit the use of Federal funds for the taking 
of property by eminent domain for economic development; to the 
Committee on the Judiciary.
  Mr. DORGAN. Earlier this year, the Supreme Court ruled in Kelo vs. 
New London that it was permissible for a government to use the power of 
eminent domain simply for the purpose of economic development.
  I am greatly troubled by this case. I do not believe that the 
government can or should take property for a non-governmental purpose 
simply because it will generate additional tax revenue.
  This court decision stands logic on its head--and it is a dangerous 
precedent as well.
  I understand that there will be times when it is essential for the 
government to use eminent domain for the public good. For example, 
eminent domain is appropriate in order to build a flood control project 
to protect a city. Or to construct a highway or lay a water line.
  But it makes no sense for the Court to allow a city--or a state or 
even the federal government--to use its power to allow private 
developers to acquire property under the takings clause. Once you start 
down that path, whose private property is safe? Could my home be 
condemned because a larger, more expensive house could be built on that 
lot? Can a local cafe be seized in order to provide space for a new, 
high-end French restaurant?
  Government at all levels should be protecting and strengthening 
private property rights--not diminishing them.
  So today I am introducing legislation to clarify and strengthen 
private property rights and ensure that government cannot abuse its 
power of eminent domain in the name of ``economic development.''
  First, my bill prevents the use of Federal funds for any economic 
development project that uses property that was subject of an eminent 
domain taking. This would cut off the spigot of Federal dollars to 
these questionable projects. Frankly, most economic development 
projects rely in some way on Federal dollars so this provision would 
have the practical effect of sharply curtailing this practice.
  Second, my bill is explicit that traditional public use and public 
purpose projects are still permitted. I am not trying to end the use of 
eminent domain in order to protect public health and safety or in order 
to build important infrastructure in our communities. My bill makes 
this clear.
  Finally, this bill clearly lays out that the funding prohibition 
includes takings of private property for the use of, or ownership of, 
another private individual or entity. One of the most troubling trends 
in this area is the use of eminent domain by a government that then 
turns the property over to a private person or group for their private 
gain.
  This issue also demands attention at the state level. I commend the 
efforts of a number of leaders in North Dakota to make changes to our 
state constitution in a way that will protect private property owners.
  Our former state attorney general, Heidi Heitkamp, is spearheading an 
effort to prevent the use of eminent domain at the State level for 
economic development purposes regardless of whether Federal funds are 
used. This is an important initiative and I fully support it. It is an 
important complement to the bill I am introducing today. In fact, much 
of the language in my bill reflects the language in the initiated 
measure in North Dakota.
  Strong private property rights are a fundamental part of our 
country's heritage and I believe that we should take steps to protect 
those rights. This bill will afford all Americans better protection 
against inappropriate uses of eminent domain and seizure of property.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows.

                                S. 1704

         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 to takings of private property 
     for the use of, or ownership by, any private individual or 
     entity.
                                 ______