Anti-Takings Abuse Bill Introduced in the House

As we approach the five year anniversary of the Supreme Court’s notoriously poorly-reasoned Kelo v. New London decision, the lack of meaningful legislative progress on curbing eminent domain abuse has been disheartening. While legislation was previously introduced in the House of Representatives by Rep. John Sullivan (R-Okla.), it was nixed by an unfriendly committee referral, and proponents of property rights and economic liberty have little to show for their efforts on this front. The good news is that Congress is making another go at eminent domain reform. The Strengthening the Ownership of Private Property Act of 2009 (STOPP Act, H.R. 4288), introduced by Rep. Stephanie Herseth Sandlin (D-S.D.), would prevent any federal economic development funding–regardless of the federal agency or program–from being disbursed to state or local governments that seize private property in order to transfer it to another private party or for another private party’s benefit. While the legislation exempts takings for utilities, roads, pipelines, and right-of-way companies, it would–if passed–cut off significant funding to governments found to have engaged in Kelo-style eminent domain abuse...read more