H.Res. 340House109th Congress (2005-2007)Passed Congress

Expressing the grave disapproval of the House of Representatives regarding the majority opinion of the Supreme Court in the case of Kelo et al. v. City of New London et al. that nullifies the protections afforded private property owners in the Takings Clause of the Fifth Amendment.

Introduced June 24, 2005

Legislative Activity

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11 earlier actions
HouseFloor Latest Action

Motion to reconsider laid on the table Agreed to without objection.

June 30, 2005 • 11:34 PM

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HouseIntro Referral

Introduced in House

June 24, 2005

HouseIntro Referral

Referred to the House Committee on the Judiciary.

June 24, 2005

HouseIntro Referral

Sponsor introductory remarks on measure. (CR H5370)

June 29, 2005

HouseFloor

Mr. Sensenbrenner moved to suspend the rules and agree to the resolution.

June 30, 2005 • 9:14 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5577-5585)

June 30, 2005 • 9:14 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H. Res. 340.

June 30, 2005 • 9:14 PM

HouseFloor

FURTHER DEBATE - By unanimous consent, the House proceeded with an additional 12 minutes of debate to be equally divided and controlled.

June 30, 2005 • 9:52 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

June 30, 2005 • 10:17 PM

HouseFloor

Considered as unfinished business. (consideration: CR H5592-5593)

June 30, 2005 • 11:26 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 365 - 33, 18 Present (Roll no. 361).(text as passed House: CR H5577)

June 30, 2005 • 11:34 PM

HouseFloor

On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 365 - 33, 18 Present (Roll no. 361). (text as passed House: CR H5577)

June 30, 2005 • 11:34 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 30, 2005 • 11:34 PM

Floor Debate

22 members

What members said about H.Res. 340 on the floor

9 Republicans13 Democrats
Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 30, 2005

Mr. Chairman, I rise as a cosponsor of this amendment. Specifically, the amendment seeks to prohibit funds in this act for the provision of mortgage insurance under the National Housing Act to…

Gil Gutknecht
Rep. Gil GutknechtR-MN-1 · Jun 30, 2005

Mr. Chairman, I do not think anyone should be censored, but I think having no information can sometimes be better than having bad information. And what the Council of Economic Advisers did was they…

Joe Knollenberg
Rep. Joe KnollenbergR-MI-9 · Jun 30, 2005

Mr. Chairman, I rise in opposition to the amendment, and I yield myself such time as I may consume. Mr. Chairman, my good friend, the gentleman from Colorado, has offered this any number of times;…

John W. Olver
Rep. John W. OlverD-MA-1 · Jun 30, 2005

Mr. Chairman, I move to strike the last word. I yield to the gentleman from Ohio. I yield to the gentleman from Minnesota. Mr. Chairman, will the gentleman yield? Mr. Chairman, I have no objection to…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Jun 30, 2005

Mr. Chairman, I thank the gentlewoman for yielding and for her leadership on this important subject. As a distinguished member of the Appropriations Committee, she has been a voice for strong…

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David R. Obey
Rep. David R. ObeyD-WI-7 · Jun 30, 2005

Mr. Chairman, I offer an amendment. Mr. Chairman, I ask unanimous content that the Clerk read the amendment in its entirety. Mr. Chairman, I yield myself such time as I may consume. The OMB circular…

Robin Hayes
Rep. Robin HayesR-NC-8 · Jun 30, 2005

Mr. Chairman, I would like to submit the following article in regard to the Obey amendment alleging that the Bush Administration and Congress are deliberately mislead on a variety of issues. [From…

Steve Buyer
Rep. Steve BuyerR-IN-4 · Jun 30, 2005

Mr. Chairman, in 13 years I have seen a lot of amendments in subcommittee and in full committee and on the House floor. This one is a bit peculiar. I do not even, frankly, know what the gentleman…

Barney Frank
Rep. Barney FrankD-MA-4 · Jun 30, 2005

Mr. Speaker, I thank the distinguished ranking member for yielding me this time, and, like him and the ranking member of the subcommittee, I have some differences with the wording here. I was…

Chris Van Hollen
Rep. Chris Van HollenD-MD-8 · Jun 30, 2005

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself 3\1/2\ minutes. Mr. Chairman, this amendment deals with the process that we now have in place in the Federal Government for…

Charles W. "Chip" Pickering
Rep. Charles W. "Chip" PickeringR-MS-3 · Jun 30, 2005

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. I rise today with an amendment at the desk. I want to thank the chairman of the Committee on…

Phil Gingrey
Rep. Phil GingreyR-GA-11 · Jun 30, 2005

Mr. Speaker, I rise today as the author of H. Res. 340, a resolution expressing the grave disapproval of the House of Representatives regarding the majority opinion of the Supreme Court in the case…

Eleanor Holmes Norton
Rep. Eleanor Holmes NortonD-DC · Jun 30, 2005

Mr. Chairman, will the gentleman yield? Mr. Chairman, I thank the gentleman for doing so. I rise to claim my time in opposition, but I do not intend to oppose because I believe when we are finished…

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Todd Tiahrt
Rep. Todd TiahrtR-KS-4 · Jun 30, 2005

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume, and I want to thank the gentleman from Michigan (Mr. Knollenberg) for this opportunity to talk about some…

Nydia M. Velázquez
Rep. Nydia M. VelázquezD-NY-12 · Jun 30, 2005

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, small businesses still struggle to participate in the Federal marketplace. For the past 4…

Sherrod Brown
Rep. Sherrod BrownD-OH-13 · Jun 30, 2005

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself 2 minutes. Mr. Chairman, this amendment is coauthored with the gentleman from Minnesota (Mr. Gutknecht). The Economic Report of the…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-8 · Jun 30, 2005

Mr. Speaker, I thank the gentleman for yielding me this time, and I am pleased that my colleagues have focused on the importance of the Supreme Court's Kelo decision. The power of eminent domain is…

Tom DeLay
Rep. Tom DeLayR-TX-22 · Jun 30, 2005

Mr. Chairman, frankly, I support the words in this amendment, but I reject the politics that brings it here. I think this House has sunk to a very new low, using veterans and trying to scare veterans…

Albert Russell Wynn
Rep. Albert Russell WynnD-MD-4 · Jun 30, 2005

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. In this House, we frequently proclaim the importance of helping small businesses. Consider, in fact, that…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-14 · Jun 30, 2005

Mr. Chairman, I yield myself such time as I may consume, and I rise in opposition to this sense of Congress resolution. This is a great evening in the House of Representatives. We had the gentleman…

F. James Sensenbrenner, Jr.
Rep. F. James Sensenbrenner, Jr.R-WI-5 · Jun 30, 2005

Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 340) expressing the grave disapproval of the House of Representatives regarding the majority opinion of the Supreme Court…

Barney Frank
Rep. Barney FrankD-MA-4 · Jun 30, 2005

Mr. Chairman, I demand a recorded vote. Mr. Chairman, if I understood the chronology correctly, the gentleman from California (Mr. Lewis) was pointing out that there were Reagan administration…

Tom DeLay
Rep. Tom DeLayR-TX-22 · Jun 30, 2005

Mr. Speaker, I thank the gentleman for his generosity in yielding me this time. Mr. Speaker, the Constitution of the United States was written as much for any other reason as to protect the private…

Carolyn C. Kilpatrick
Rep. Carolyn C. KilpatrickD-MI-13 · Jun 30, 2005

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. I rise to prohibit the sale of an American oil company to the Chinese National Offshore Oil Corporation,…

Bill Text

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Engrossed in HouseIssued June 30, 2005
        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 340 Engrossed in House (EH)]

In the House of Representatives, U.S.,

June 30, 2005.
Whereas the takings clause of the fifth amendment states ``nor shall private
property be taken for public use, without just compensation'';
Whereas upon adoption, the 14th amendment extended the application of the fifth
amendment to each and every State and local government;
Whereas the takings clause of the 5th amendment has historically been
interpreted and applied by the Supreme Court to be conditioned upon the
necessity that Government assumption of private property through eminent
domain must be for the public use and requires just compensation;
Whereas the opinion of the majority in Kelo et al. v. City of New London et al.
renders the public use provision in the Takings Clause of the fifth
amendment without meaning;
Whereas the opinion of the majority in Kelo et al. v. City of New London et al.
justifies the forfeiture of a person's private property through eminent
domain for the sole benefit of another private person;
Whereas the dissenting opinion upholds the historical interpretation of the
takings clause and affirms that ``the public use requirement imposes a
more basic limitation upon government, circumscribing the very scope of
the eminent domain power: Government may compel an individual to forfeit
her property for the public's use, but not for the benefit of another
private person'';
Whereas the dissenting opinion in Kelo et al. v. City of New London et al. holds
that the ``standard this Court has adopted for the Public Use Clause is
therefore deeply perverse'' and the beneficiaries of this decision are
``likely to be those citizens with disproportionate influence and power
in the political process, including large corporations and development
firms'' and ``the government now has license to transfer property from
those with fewer resources to those with more''; and
Whereas all levels of government have a Constitutional responsibility and a
moral obligation to always defend the property rights of individuals and
to only execute its power of eminent domain for the good of public use
and contingent upon the just compensation to the individual property
owner: Now, therefore, be it
Resolved, That--
(1) the House of Representatives--
(A) disagrees with the majority opinion in Kelo et al. v.
City of New London et al. and its holdings that effectively
negate the public use requirement of the takings clause; and
(B) agrees with the dissenting opinion in Kelo et al. v.
City of New London et al. in its upholding of the historical
interpretation of the takings clause and its deference to the
rights of individuals and their property; and
(2) it is the sense of the House of Representatives that--
(A) State and local governments should only execute the
power of eminent domain for those purposes that serve the public
good in accordance with the fifth amendment;
(B) State and local governments must always justly
compensate those individuals whose property is assumed through
eminent domain in accordance with the fifth amendment;
(C) any execution of eminent domain by State and local
government that does not comply with subparagraphs (A) and (B)
constitutes an abuse of government power and an usurpation of
the individual property rights as defined in the fifth
amendment;
(D) eminent domain should never be used to advantage one
private party over another;
(E) no State nor local government should construe the
holdings of Kelo et al. v. City of New London et al. as
justification to abuse the power of eminent domain; and
(F) Congress maintains the prerogative and reserves the
right to address through legislation any abuses of eminent
domain by State and local government in light of the ruling in
Kelo et al. v. City of New London et al.
Attest:

Clerk.