Congress still considering 2 eminent domain billsPublished on 05/15/2006Nearly a year ago, the U.S. Supreme Court ruled that property could be taken from one landowner to advance the economic development efforts of another private entity, stirring outrage nationwide. Many states made changes to their eminent domain laws in response to the infamous "Kelo" decision. Congress, however, has still not passed two bills that are supported by Farm Bureau. Last month, American Farm Bureau wrote a letter of support for H.R. 4772, also known as the "Private Property Rights Implementation Act." In February, Reps. Steve Chabot, R-Ohio, and Bart Gordon, D-Tenn., introduced the bill, which would ensure that landowners have the right to file an eminent domain lawsuit in federal court after the case has been heard in a state court. "This bill gives people more access to the courts," said Adam Sharp, OFBF’s director of national affairs. AFBF wrote in its letter that often federal courts tell property owners that their claims are "not ripe for hearing, leaving landowners in regulatory limbo while they pursue permit after permit, or waiver after waiver, in many cases for several years." Sharp also said that federal courts sometimes tell property owners that they have to exhaust their state law remedies first before filing in federal court, which can take years. In November, the House overwhelmingly passed the other eminent domain bill, H.R. 4128, also known as the "Private Property Rights Protection Act." The bill, now pending in the Senate, would cut off federal economic development funds for states that use eminent domain for private commercial development. This month, AFBF and 52 other organizations sent a letter to Sen. Majority Leader Bill Frist requesting action on the bill. The bill’s language states that it is the "sense of Congress that the use of eminent domain for the purpose of economic development is a threat to agricultural and other property in rural America." Sharp urged Farm Bureau members to talk to members of Congress about the importance of the two bills. "Clearly since the Kelo ruling, property rights are a priority for Farm Bureau," he said. "These are two very complimentary bills that fit well together and help strengthen private property rights." In Ohio, OFBF has been working with a task force that is expected to propose changes to the state’s eminent domain laws by August. | |




