|
by
Senator John Cornyn
Texas is growing and our housing market is
strong. The value of housing is rising. New home construction is
growing rapidly in many areas.
Encouraging home ownership has been a national priority for decades,
for good reason: Nothing better symbolizes achievement of the
American dream than owning your own home. It provides economic
security, peace of mind and the assurance that you will be able to
pass to your heirs something of value. So imagine this: One day the
long arm of the government reaches out and makes a grab for your
home – not for a road or a fire station, but for a new shopping
center or a manufacturing plant.
The reality of that danger was underscored by a U.S. Supreme Court
decision handed down a year ago in the case of Kelo v. City of New
London.
Disregarding the Constitution’s specific protection of private
property, the high court ruled that your home, business or family
farm – any private property – may be seized by the government
not just for public use, but for the benefit of another private
entity, such as a real estate developer. The purpose of this could
be to generate more tax revenue for government, or even to make the
area look more attractive.
The City of New London, Conn. condemned the home of Susette Kelo and
114 other residential and commercial lots to carry out its economic
development plan. The plan included a new hotel and conference
center to help attract a drug manufacturing plant to the area.
Homeowners protested, but the high court agreed with the city.
Our country was founded on a respect for private property. It’s
troubling to realize that right stands on such shaky ground.
A silver lining has already appeared. The decision sparked a new
awareness about abuse of eminent domain – the government’s
ability to take private property without the owner’s consent in
particular cases. Kelo didn’t create the abuse, but it certainly
put a spotlight on it across the country, and since the case
there’s been a major outcry.
The critics have a strong legal argument. The Fifth Amendment makes
clear that “private property” shall not “be taken for public
use without just compensation.” The same amendment provides
protection against abusive eminent domain by only permitting the
government to seize private property for “public use.”
In my view, Kelo veered far off course, allowing property to be
taken far outside the limits envisioned by our founding fathers. The
Institute for Justice has identified more than 10,000 properties
either seized or threatened with condemnation for purposes of
private development in a recent five-year period. If anything, Kelo
encouraged that practice.
But other parts of the government are taking action to bring balance
to the practice of eminent domain.
The Texas Legislature last year approved a measure that protects
property from being seized for purposes of economic development. The
Texas Senate this summer is studying proposals for additional
protection for private property owners.
President Bush last month signed an executive order preventing
taking of private property by the federal government “merely for
the purpose of advancing the economic interest of private parties to
be given ownership or use of the property taken.”
I’ve introduced a bill, The Protection of Homes, Small Businesses
and Private Property Act (S. 1313) to ensure the power of eminent
domain is used only for true public uses, as guaranteed by the Fifth
Amendment. Under my proposed legislation, the government could not
seize property simply for private economic development.
As we work to protect private property rights, I’m
well aware we must be cautious. There is no question that, where
appropriate, eminent domain can play a positive role in society,
through true public use of property.But no American, rich or poor,
should have to live under the constant threat of a questionable
taking of his property by the government. The protections of the
Fifth Amendment represent some of the most fundamental principles
conceived by our nation’s Founders, and we must take all necessary
actions to preserve them.
|
This land is my land