[Congressional Record Volume 151, Number 145 (Friday, November 4, 2005)]
[Extensions of Remarks]
[Page E2278]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             PRIVATE PROPERTY RIGHTS PROTECTION ACT OF 2005

                                 ______
                                 

                               speech of

                           HON. RUSH D. HOLT

                             of new jersey

                    in the house of representatives

                       Thursday, November 3, 2005

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 4128) to 
     protect private property rights:

  Mr. HOLT. Mr. Chairman, I rise today in support of The Private 
Property Rights Protection Act, H.R. 4128. I have heard from a number 
of my constituents in New Jersey. They have come to my town hall 
meetings, sent me emails and called me on the phone, to express their 
concern about the potential for abuse of the power of eminent domain. I 
have heard their concerns and I share their concerns. That is why I 
support this legislation to make clear that local authorities may not 
use the power of eminent domain solely to increase the tax revenue for 
the town.
  H.R. 4128 is a bipartisan bill that responds to the Supreme Court 
ruling in Kelo v. City of New London. Most troubling about the decision 
was that the Court upheld the right of New London to take private 
property and transfer it to another private individual for the purpose 
of increasing the tax revenue of the city. I am glad we are acting 
today to prevent this from becoming a regular practice.
  The rights of property owners were so important to our nation's 
founders that they enshrined property rights in our Constitution. They 
knew that towns and municipalities would need to look after the greater 
public good and occasionally acquire property with just compensation to 
the owners in order to use that property for public good. The power of 
eminent domain has enabled us to make many advances over the years. It 
was used to create the national railroad system, the interstate highway 
system, and make telephone, electric, sewer, and water lines available 
to all our communities. Eminent domain, when used property, is a 
critical power of government that has benefited people in New Jersey 
and across America.
  When used improperly, however, eminent domain is a fearsome power. 
Transfer of a person's property--particularly their home--to another 
private interest solely on the basis of tax revenue is an unwise and 
dangerous authority. With this bill, Congress is rightly acting to 
protect private property rights and ensure that property owners will 
not have their house taken from them by an over zealous town council 
seeking to increase its tax coffers.
  Mr. Chairman, while eminent domain is used across America for 
beneficial and important reasons that support the public good, we need 
to ensure that towns do not overstep their powers. H.R. 4128 helps 
define the boundary lines.

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