On the recordMarch 3, 1995
I rise in opposition to the H.R. 925, the Private Property Protection Act. The Private Property Protection Act comes under the guise of protecting private property rights, while in reality it pits the property rights of some against the rights of others and the rights of the community as a whole. Private property rights are sufficiently protected under the fifth amendment to the Constitution; codifying a specific interpretation of these rights is not only unnecessary, but dangerous as well. I urge a ``no'' vote on this legislation. The courts have outlined the factors to be considered on a case-by-case basis in determining if a ``taking'' has occurred, including the economic impact on the property owner, the public purpose for which the regulation was adopted, and the character of the governmental action. H.R. 925 calls for an extended, legislated, interpretation of the fifth amendment of the Constitution. This bill would require the Federal Government to pay a private property owner for any decrease in value to his/her land due to Federal regulations. The effect of this legislation would be to have the Government--i.e. the taxpayers--pay land owners not to destroy the environment. Along with property rights come property responsibilities. Nobody has the right to use his or her property in a manner that may harm the public health or damage the property of another landowner or the community as a whole.
Source
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