Congressional Digest

Congressional Digest January 2006 No. 1 Vol. 85
Private Property Rights Protection Act

Re-examining Eminent Domain

The Conflict Between Private Property and Economic Development

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Private Property Rights Protection Act

Summary of Proposed Legislation

Representative James F. Sensenbrenner (WI-R) intro duced H.R. 4128, the Private Property Rights Protection Act, on October 25, 2005. The bill states: No State or political subdivision of a State shall exercise its power of eminent domain, or allow the exercise of such power by any person or entity to which such power has been delegated, over property to be used for economic development, if that State or political subdivision receives Federal economic development funds during any fiscal year in which it does so. Major ProvisionsH.R. 4128 protects private property rights. Congress’s power to condition the use of Federal funds…

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