The bill addresses the controversial Supreme Court decision in the 2005 case Kelo v. City of New London, which expanded the eminent domain power granted by the Fifth Amendment of the Constitution. In Kelo, the Court ruled that “economic development” can be justified as a “public use” under the Constitution’s Takings Clause.
To combat this expansion of power, H.R. 1689 would make any state or locality that uses the economic development justification for eminent domain ineligible from receiving federal economic development funds for two years. This creates a major incentive for governments to respect the private property rights of its citizens.
Additionally, the legislation bars the federal government from exercising eminent domain powers for the purposes of economic development.
Rep. Sensenbrenner: “This bipartisan legislation restores the individual private property rights guaranteed in the Fifth Amendment. The framers of the Constitution would be horrified by the paradigm created by Kelo:a government free to seize and transfer private property from individuals with fewer resources to private entities with more. I’m grateful to my colleagues for their support of this bill and urge the Senate to immediately send it to the President’s desk.”
Read more: https://concernedracinecountyresidentsjustsaynotofoxconn.wordpress.com/2018/07/25/breaking-news-house-passes-sensenbrenner-bill-to-protect-private-property-rights/