[Congressional Record Volume 152, Number 122 (Tuesday, September 26, 2006)]
[Extensions of Remarks]
[Page E1832]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           PRIVATE PROPERTY RIGHTS IMPLEMENTATION ACT OF 2006

                                 ______
                                 

                               speech of

                          HON. ELTON GALLEGLY

                             of california

                    in the house of representatives

                       Monday, September 25, 2006

  Mr. GALLEGLY. Mr. Speaker, I rise today in strong support for H.R. 
4772, the Private Property Rights Implementation Act of 2006. I want to 
thank my colleague from Ohio, Mr. Chabot, for agreeing to take the 
leadership on this legislation.
  When I first introduced this legislation in 1997, it was to ensure 
that property owners in this country have the ability to protect their 
basic civil and constitutional rights. The fifth amendment of the U.S. 
Constitution guarantees that no private property shall be taken for a 
public use without the payment of just compensation. Unfortunately, we 
have seen an increasing disregard by various levels of government for 
this fundamental civil right. H.R. 4772 seeks to restore balance to 
land use decisions by ensuring that Americans have reasonable access to 
the Federal courts to enforce their Federal constitutional rights.
  As a former mayor, I know that local governments must have control 
over land use decisions. But this bill does not empower Federal judges 
to decide whether a certain piece of land should be used for a grocery 
store or for a hair salon. In fact this bill ensures that local 
governments will continue to have their traditional powers to make and 
enforce zoning regulations.
  However, this bill also ensures that land owners have some certainty 
in a process that can sometimes be very open-ended. By establishing 
procedures that both the property owner and the locality must follow, 
this bill ensures fair and timely land use decisions.
  I urge my colleagues to support H.R. 4772 and provide legal 
protections for land owners that are both rational and effective.

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