For Immediate Release:
Thursday, November 3, 2005

BOREN VOTES TO PROTECT PROPERTY OWNERS
Bill prevents government from seizing property for private development

WASHINGTON D.C - U.S. Representative Dan Boren voted today to thwart a Supreme Court decision that significantly weakens the rights of private property owners.  The court’s decision in the case of Kelo v. London earlier this year, laid the precedent for state or local governments to seize private property for “economic development” purposes, even when it is being transferred to a separate private entity. 

 

“The court’s decision put all property owners at risk,” Boren said. 

 

“In Oklahoma, family farms and other agricultural lands are particularly vulnerable to this abuse. Since farm lands tend to have a lower market value than commercial and residential properties, they are a prime target for developers,” Boren added. 

 

In the case of Kelo v. London, the Supreme Court upheld eminent domain – a constitutional provision allowing government to seize private property “for the public good, provided that the owner of the property is justly compensated.”  The court’s 5-4 ruling in June recognized the power of local governments to seize property needed for private development projects that generate tax revenue.

 

“Property ownership is one of the most basic of constitutionally guaranteed rights.  Today’s action in the House solidifies that right,” Boren said.    

 

“In rural communities, our livelihood is deeply tied to the land, and our belief in private property runs strong and deep. Landowners should not be vulnerable to losing their land, and possibly their livelihood - just to give it to someone else who can deliver more in tax revenues,” Boren said.       

 

The bill Boren supported today, H.R. 4128, the Private Property Rights Protection Act would withhold federal funds from state and local governments that use powers of eminent domain to force landowners to give up their property for commercial uses.  H.R. 4128 passed the House by a vote of 376-38.

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