Chris Murphy: “the Private Property Rights Protection Act would hopefully, once and for all, prohibit Federal, State and local use of…”

“the Private Property Rights Protection Act would hopefully, once and for all, prohibit Federal, State and local use of eminent domain to take private property for economic development. The Fourteenth Amendment's due process clause gives eminent domain authority to States and localities if seizing property for a ``public use.'' However, in the Kelo decision, the Supreme Court ruled that New London, Connecticut's redevelopment plan was constitutional and, in fact, for a ``public use''--largely ignoring the reality that the property, as part of the plan, would be turned over to private developers. The Fourteenth Amendment also contains what's known as the equal protection clause, which states: ``No State shall make or enforce any law which shall . . . deny to any person within its jurisdiction the equal protection of the laws.'' But the Kelo ruling deliberately declares that heretofor, certain persons and their property will in fact be protected UNequally. Or, in the case of Kelo, not at all. In addition to prohibiting any level of government from using economic development as a reason for exercising its power of eminent domain, H.R. 4128 would also provide assurances that those who are victimized by eminent domain property seizures will get their day in court. Eminent domain victims suffering injuries from a violation of the protections in H.R. 4128 will be allowed access to State or Federal court to enforce its provisions. Mr.…”