Rep. Moran’s office sent a form letter response to my Nov. 4 letter regarding eminent domain. Looks like the congressman and I will have to agree to disagree on this one:
November 21, 2005
Dear Mr. Young,
I thank you for contacting me regarding the Property Rights Protection Act (H.R. 4128).
As you know, H.R. 4128 was crafted in response to the Supreme Court’s Kelo v. New London decision. That ruling, in deference to state government, affirmed Connecticut law that authorized local governments to offer due compensation to private landowners and transfer taken land to private enterprise to promote carefully considered private redevelopment plans that serve an inherent “public purpose.”
H.R. 4128 is the hurried reaction by some in Congress that was rushed to the floor of the House of Representatives without the benefit of thorough legislative hearings. As proposed, the bill would withhold federal economic development funding from any state or locality that takes private property for the purpose of private economic development While I understand the legitimate concerns this legislation seeks to address, the legislative remedy was so broadit would have undermined state and local authority to undertake legitimate eminent domain activities such as road and transit improvements, affordable housing developments, and server line upgrades. In all 3 instances, localities would not be able to join in public-private partnerships to offer these public goods.
I offered a compromise amendment that would clarify that eminent domain that would be outlawed only in instances where private economic gain was the primary objective. unfortunately, this amendment was rejected and the was passed the these wide sweeping provisions.
The United States is unmatched in its value and protection of private property rights, and I intend to uphold that tradition. I could not support legislation, however, that will eliminate local flexibility. As the former mayor of Alexandria, I understand that local governments need tools to develop regions where the free market has failed. If the citizenry objects to these local decisions, it is up to them to hold their elected officials accountable.
Thank you again for contacting me on this important matter.
Yours truly,
Jim Moran
Inertia Wins! 