Washington, February 28, 2012 - U.S. Rep. Tom Graves (R-GA-09) issued the following statement after voting in favor of H.R. 1433, the Private Property Rights Protection Act of 2012.  The legislation overturns a 2005 Supreme Court decision which held that state and local governments can seize private property under the principle of eminent domain to further economic development.

“The Kelo decision is clearly an example of judicial overreach.  It expanded the use of eminent domain in a manner that is an outright assault on Americans’ basic right to property. Congress must correct this action by the high court and rightly repair our fundamental constitutional protections of private property.”

Background:

The 2005 Supreme Court decision, Kelo v. City of New London, determined that state and local governments could use eminent domain in order to seize private property for economic redevelopment.  The Fifth Amendment to the Constitution limits the authority of the government to seize property by requiring compensation and mandating that the seized land be for public use.  Prior to the Kelo decision, the Supreme Court held that seizing blighted areas and transferring it to private developers fit the “public use” standards.  In the Kelo case, the Supreme Court held that New London, CT had the right to take non-blighted land and transfer it to a private developer in order to increase local tax revenue.

Following this decision by the Supreme Court, in 2006, voters in Georgia amended the state constitution to ensure the protection of private property rights from seizure under eminent domain for economic gain.