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Monday, November 7, 2005
A bipartisan vote for freedom
OC Register Editorial
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The House overwhelmingly supports restrictions on the common
abuses of eminent domain
Typically, when the U.S. House of Representatives passes
a bill by a vote of 376-38, you know it is some meaningless
resolution. The House is bitterly divided and partisan, so
it's hard to expect anything with overwhelming support to
contain much of substance.
Yet the House on Thursday approved an important, substantial
measure by that exact voting margin. The legislation, called
the Private Property Rights Protection Act, would rein in
local government abuses of eminent domain. It is a congressional
response to the U.S. Supreme Court's disastrous Kelo vs.
City of New London (Conn.) decision in June, which affirmed
the ability of localities to take private property by force
and give it to developers who promise tax-generating economic
development projects.
The legislation would strip federal economic development
funds for two years from cities that use eminent domain for
commercial development.
We'd argue that the feds have no business providing such
funds to begin with, but given that it does hand out the
cash it does have a right to withhold it from cities that
don't follow the rules Congress sets. The legislation also
forbids the federal government from using eminent domain
for economic development - a rare situation, but one legitimately
regulated by Congress.
In California, Democratic legislators have derailed efforts
to put limits on eminent domain for private development.
(There were exceptions. For instance, Democrat Tom Umberg
of Santa Ana supported efforts to restrain eminent domain,
and Republican Lynn Daucher of Brea opposed eminent-domain
reform.)
In Congress, some of the most liberal Democrats have co-authored
the property-rights bill, including Maxine Waters of Los
Angeles, thus joining with some of the most conservative
Republicans. Every Orange County Republican voted for the
measure, as did Democrat Loretta Sanchez.
There's reason for bipartisan support. Republicans understand
the importance of property rights, and Democrats can see
that it's wrong to take the property owned by middle-class
and poor people and give it to developers.
Let's hope the Senate pushes forward a similar measure and
the Bush administration supports it.
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