Bipartisan Vote Curtails Eminent Domain Abuse

“States and localities that abuse eminent domain powers would be denied federal economic development funds for two years under legislation approved Wednesday by House lawmakers.

The bill easily passed the Republican-controlled House on a vote of 353-65 with 127 Democrats voting yes.

Democratic Rep. Diana DeGette was the lone member of the Colorado delegation to vote against the measure; voting yes were Republican Reps. Mike Coffman, Cory Gardner, Doug Lamborn and Scott Tipton, and Democratic Reps. Ed Perlmutter and Jared Polis.

The Private Property Protection Act was based on the most infamous case of eminent domain to reach the Supreme Court — Kelo vs. the City of New London — that upheld local government’s decision to take private property under the Fifth Amendment’s Takings Clause so that Pfizer could construct a plant in Connecticut.

Despite the Supreme Court’s 5-4 decision in 2005, the project that cost taxpayers $80 million never got off the ground and the condemned property is now a barren fields overrun by weeds, said Republican supporters of the bill.

“It is by no means an isolated case,” Rep. Bob Goodlatte, Virginia Republican and chairman of the House Judiciary Committee said on the House floor prior to the vote.”

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Hudson, Andrey. The Colorado Observer 27 February 2014.