Hum Posted November 5, 2005 Share Posted November 5, 2005 WASHINGTON (AP) -- Contending that the Supreme Court has undermined a pillar of American society -- the sanctity of the home -- the House overwhelmingly approved a bill Thursday to block the court-approved seizure of private property for use by developers. The bill, passed 376-38, would withhold federal money from state and local governments that use powers of eminent domain to force businesses and homeowners to give up their property for commercial uses. The Supreme Court, in a 5-4 ruling in June, recognized the power of local governments to seize property needed for private development projects that generate tax revenue. The decision drew criticism from private property, civil rights, farm and religious groups that said it was an abuse of the Fifth Amendment's "takings clause." That language provides for the taking of private property, with fair compensation, for public use. The court's June decision, said House Judiciary Committee Chairman James Sensenbrenner, R-Wisconsin, changed established constitutional principles by holding that "any property may now be taken for the benefit of another private party." Eminent domain, the right of government to take property for public use, is typically used for projects that benefit an entire community, such as highways, airports or schools. more Link to comment Share on other sites More sharing options...
Fred Derf Veteran Posted November 5, 2005 Veteran Share Posted November 5, 2005 Well this is good. I think we were all confused by the court decision a few months back. This now fixes the problem. Essentially the system worked by correcting a fairly obvious problem. Link to comment Share on other sites More sharing options...
Boffa Jones Veteran Posted November 6, 2005 Veteran Share Posted November 6, 2005 Yeah definetly. I am very glad this has been changed. Link to comment Share on other sites More sharing options...
j.nudd Posted November 6, 2005 Share Posted November 6, 2005 Techincally, the government can still take property, correct? Doesn't it just say teh federal government will withold money, therefore "convincing" local governments to not abuse this power? Link to comment Share on other sites More sharing options...
Hum Posted November 7, 2005 Author Share Posted November 7, 2005 ;) ^ You should click on the full story. Some states are trying to pass their own Laws to prevent unnecessary loss of homes, as well. Some homes/land will still be bought out for highways, airports or schools. But the US government is trying to stop the seizing of land for things like shopping malls or other for-profit businesses. Link to comment Share on other sites More sharing options...
Recommended Posts