Eminent Domain

Yesterday the House passed a bill curbing the use of eminent domain in federally funded projects (H.R. 4128). Better still, it passed by a whopping 376-38. The Senate will take it up early next year. Surprisingly, the bill actually follows federalist principles and lets state and local governments make their own rules where they have jurisdiction. Good news all around.

Unfortunately, my Congressman, Rep. Jim Moran (VA-8), voted the wrong way. In fact, he also put forth an unsuccessful amendment to gut the bill and made quite the impassioned speech on the floor.

I wrote Rep. Moran’s office a short note. I encourage you to do the same if your representative also voted the wrong way.

Representative Moran,

I was disappointed by your vote on yesterday’s eminent domain bill (H.R. 4128). I appreciate your federalism concerns, and I am glad the bill does not touch projects that do not receive federal funding. Such projects are properly state and local issues. But for projects that do involve the federal government, you passed on a golden opportunity to affirm your commitment to property rights.

This issue is not about tax revenues or urban development. It is about a basic principle of civilized conduct: it’s wrong to take other peoples’ stuff. Whether the thief is an individual or a government is irrelevant; stealing is still wrong. Exceptions can be made for public goods such as highways or schools, and courts have long recognized that. But the Kelo v. New London decision went further and essentially legalized theft from one private party to another. H.R. 4128 is an attempt to right that wrong, and I am sorry you decided not to play a part in it.
Thanks for your time,

Ryan Young

As a disclaimer, I do not believe roads and schools to be true public goods. The private sector is perfectly capable of providing both, and where allowed, has a better record than the government.

A list of the 38 who voted “nay” is here.