Mr. Chairman, I yield myself such time as I may consume. I rise in strong support of the Private Property Rights Protection Act of 2005. I want to thank the Judiciary Chairman Sensenbrenner and Ranking Member Conyers, as well as…
Mr. Chairman, I yield myself such time as I may consume.
I rise in strong support of the Private Property Rights Protection Act of 2005. I want to thank the Judiciary Chairman Sensenbrenner and Ranking Member Conyers, as well as Agriculture Committee Chairman Goodlatte and Ranking Member Peterson, for their hard work in moving this legislation to the floor today.
I would also like to acknowledge and thank the Agriculture Appropriations Subcommittee Chairman Henry Bonilla for his strong leadership on this very important issue as well as the work of Chairman Pombo and Congresswoman Waters who have been steadfast in their advocacy for private property rights in light of the threat posed by the Kelo decision.
This legislation is a priority for farmers and ranchers and landowners across my home State of South Dakota. I am extremely pleased that the Agriculture Committee acted swiftly on the legislation originally introduced by the gentleman from Texas (Mr. Bonilla) and myself, the Strengthening the Ownership of Private Property, or STOPP Act, and that Chairman Goodlatte made reporting out the bill from the Agriculture Committee a priority.
I am equally pleased by the determined, thoughtful attention demonstrated by the Judiciary Committee and the collaborative approach taken as we put together the Private Property Rights Protection Act. It is important, commonsense legislation that deserves our attention.
As my colleagues know, the Supreme Court's decision in Kelo v. City of New London dealt a serious blow to the fundamental rights of property owners in the United States. The House overwhelmingly expressed its disapproval shortly after the decision by a vote of 365 to 33. This court ruling allows governments to take private property from one landowner and give it to another private individual so long as some economic development justification is given. In short, it means that governments can take your property and give it to someone else.
I have been impressed by the widespread support for the proposition that this decision requires prompt congressional action.
As I have said before, South Dakotans from all walks of life are outraged about the Supreme Court's Kelo decision. As I have repeatedly noted in previous discussions of the case and as noted by Chairman Sensenbrenner earlier today, even Justice John Paul Stevens, the author of the Kelo decision, has expressed the feeling that the use of eminent domain by the City of New London was unwise as a matter of policy. And I agree.
I am pleased to have been part of the effort to craft a good bipartisan response that addresses these policy shortcomings by discouraging State and local governments from arbitrarily taking land from private landowners and giving that land to another private party. I felt compelled to take a lead in this process because of the people I represent and my roots on my family's farm in South Dakota. South Dakota is a rural State, and our population's livelihood is deeply tied to the land. This is true for virtually all of the State's citizens, whether they live in town or whether they live on the farm.
Because of this, the belief in private property rights runs strong and deep, and everyone I have talked to back home on this matter has delivered the same message: Landowners should not be vulnerable to the whims of a government that decides to take their land and often their livelihood just to give it to someone else who the government decides would deliver more in tax revenues. I am pleased to say that many of my colleagues agree with this, which is why in the short term since its introduction, this act and other initiatives have garnered broad bipartisan support, because the legislation makes sense.
As many of you know and as Chairman Goodlatte was discussing, Chairman Bonilla and I, along with Chairman Goodlatte, drafted H.R. 3405 to provide a strong response to the Kelo decision. At the time we introduced the STOPP Act, other legislation which took a similar approach by withholding some Federal funds when eminent domain is used to facilitate a private-to-private transfer of property for economic development purposes left open the possibility that a creative community or State could essentially shift funds within its budget to render the Federal response less effective.
In the words of Bob Stallman, president of the American Farm Bureau, in his testimony before the Agriculture Committee: ``All of the Federal bills introduced thus far take this approach. The differences among them are the degree to which such funding is withheld. While we support all the approaches taken in these bills, H.R. 3405 seems to offer the most effective deterrent to abuses of eminent domain.''
The Private Property Rights Protection Act of 2005 incorporates the core components of the STOPP Act, namely, the withholding of all Federal economic development assistance for 2 years if communities choose to use eminent domain to take private property from one landowner and give it to another private individual for the purposes of economic development.
I think this development is a testament to the hard work of individuals like Chairman Bonilla, Chairman Goodlatte, Congresswoman Waters, Chairman Pombo, and others to define, develop, refine, and promote a strong commonsense approach to the situation presented by the Kelo decision.
As I have said, I am happy to have been a part of these important efforts, and I encourage my colleagues to join with me today in passing this important bill.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield for the purpose of making a unanimous consent request to the gentlewoman from California (Ms. Zoe Lofgren).
(Ms. ZOE LOFGREN of California asked and was given permission to revise and extend her remarks.)
Mr. Chairman, I yield 2 minutes to the gentleman from Colorado (Mr. Salazar).
Mr. Chairman, I yield 2 minutes to the gentleman from Georgia (Mr. Scott).
Mr. Chairman, I yield 2 minutes to the gentleman from Texas (Mr. Gene Green).
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, let me just conclude by commenting in my remaining time on some of the testimony that we heard in Chairman Pombo's Committee on Resources, on which I also sit, about the compelling testimony of individuals, business owners, who have been victims of abuses of eminent domain for the purpose of a private-to- private transfer.
So not only have we heard these compelling stories from individuals, families who have been affected, both in cities and in the country, but we have also had good bipartisan work in drafting sessions, our legislative hearings, our markups, in the Agriculture Committee, in the Resources Committee, now the Judiciary Committee. The bill that is under consideration today, that has attempted to respond in the most effective way to a ruling, as I mentioned, that received strong disapproval from this body shortly after the Supreme Court's ruling and on which even the opinion's author and, as I understand, even another member of the court who recognized that this is something the legislatures should contend with. And that is precisely what we are doing today on the House floor.
Congress needs to take action. We need to take it immediately. Our hope is certainly that we can make this bill law in short order, because, as some of the testimony before the Resources Committee last week also indicated, certain municipalities and other local units of government moved quickly after the Supreme Court's decision in Kelo to exercise their eminent domain powers for purposes of economic development for a public purpose, public benefit, beyond the plain language of the United States Constitution that limits the eminent domain power to public use. This has been a broad trend for a number of years, culminating in the Supreme Court's decision in Kelo, that requires the action of this body.
I urge my colleagues to support final passage of this bill that is a well-crafted, careful, thoughtful attempt to address a serious problem for property owners across the country.
Mr. Chairman, I yield back the balance of my time.