Mark Gordon: “this legislation fixes an unfairness that too often deprives small and middle class property owners of their rights. The…”

“this legislation fixes an unfairness that too often deprives small and middle class property owners of their rights. The Constitution prohibits the Government from taking private property without giving due compensation to the owner. Unfortunately, this right is being lost because the property owners are being denied their day in Federal Court. Instead, the Supreme Court forces them to pursue their compensation claims in State courts. It then slams the Federal courthouse door shut to their fifth amendment claims. This one-two punch adds to the expense of litigating takings cases and thereby prevents small and middle class property owners from asserting their right to use or be fairly compensated for their property. This bill allows them to raise a Federal takings claim without first being detoured through the State courts. This change made by the bill is fair, and I urge the House to pass H.R. 4772.”