S. 1313

[phoenix-starr.livejournal.com]

"It is appropriate for Congress to take action, consistent with its limited powers under the Constitution, to restore the vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of the power of eminent domain," Cornyn said. "This legislation would declare Congress's view that the power of eminent domain should be exercised only 'for public use,' as guaranteed by the Fifth Amendment, and that this power to seize homes, small businesses, and other private property should be reserved only for true public uses. Most importantly, the power of eminent domain should not be used simply to further private economic development."

The legislation would clarify government's exercise of its power of eminent domain to be limited only for public use. "Public use" would NOT be construed to include economic development. This standard of protection would apply to (1) all exercises of eminent domain power by the federal government, and (2) all exercises of eminent domain power by state and local government through the use of federal funds.

::says a prayer for it to pass:: It's not perfect by any means, but it makes me hopeful.

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