On the recordJanuary 21, 2015
Mr. President, this is a very simple amendment. It prohibits TransCanada from using eminent domain proceedings to seize private property in order to build the Keystone XL Pipeline. As we all know, eminent domain is the power of a governmental entity to take private property and convert it into public use subject to reasonable compensation. Traditionally, property could only be seized for public use, such as a public park or a public road, but increasingly the exercise of eminent domain has been used for private gain. Many, including some of my most conservative friends on the other side of the aisle, are outraged by the idea that eminent domain proceedings could be used to seize private property for private gain. President Bush issued an Executive order restricting the use of eminent domain by the Federal Government for ``the purpose of benefitting the general public and not merely for the purpose of advancing the economic interest of private parties.'' The senior Senator from Texas introduced the Protections of Homes, Small Businesses, and Private Property Act of 2005, which would have prohibited the use of eminent domain by Federal, State, or local government entities for private economic development. I have been working very closely with Senator Cantwell on this amendment, and we agree with our conservative colleagues that using eminent domain proceedings for private gain is outrageous.…
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