Private Property Rights Protection Act of 2005

Private Property Rights Protection Act of 2005 - Prohibits a state or political subdivision from using economic development as a reason for exercising its power of eminent domain if federal funds would contribute in any way to: (1) the project for which eminent domain is exercised; or (2) the exercise and enforcement of eminent domain over the project. Renders a state or political subdivision that violations this prohibition ineligible for any such federal funds and directs the federal agency involved to withhold those funds.

Prohibits the federal government from using economic development as a reason for exercising eminent domain.

Defines "economic development" to mean any activity other than making private property available in substantial part for use by the general public or by an entity that makes the property available for use by the general public, or as a public facility, or to remove harmful effects.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3135 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3135

                  To protect private property rights.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2005

Mr. Sensenbrenner (for himself, Mr. Conyers, Mr. DeLay, Mr. Blunt, Ms. 
Waters, Mr. Coble, Mr. Smith of Texas, Mr. Gallegly, Mr. Goodlatte, Mr. 
 Chabot, Mr. Daniel E. Lungren of California, Mr. Jenkins, Mr. Cannon, 
Mr. Bachus, Mr. Hostettler, Mr. Flake, Mr. Pence, Mr. Forbes, Mr. King 
of Iowa, Mr. Feeney, Mr. Issa, Mr. Franks of Arizona, Mr. Gohmert, Mr. 
 Aderholt, Mr. Alexander, Mrs. Biggert, Mr. Boehner, Mr. Bonilla, Mrs. 
Bono, Mr. Bradley of New Hampshire, Mr. Buyer, Mr. Davis of Tennessee, 
Mr. DeFazio, Mr. Doolittle, Mrs. Drake, Mrs. Emerson, Mr. Fossella, Ms. 
 Foxx, Mr. Gibbons, Mr. Graves, Ms. Harris, Mr. Hayworth, Mr. Herger, 
Ms. Herseth, Mrs. Johnson of Connecticut, Mr. Jones of North Carolina, 
Mr. Kirk, Mr. Kline, Mr. Mack, Mr. McCaul of Texas, Mr. McCotter, Miss 
  McMorris, Mrs. Myrick, Mr. Neugebauer, Mr. Norwood, Mr. Otter, Mr. 
 Peterson of Pennsylvania, Mr. Pombo, Mr. Ramstad, Mr. Ryun of Kansas, 
 Mr. Simpson, Mr. Taylor of North Carolina, Mr. Tiahrt, Mr. Walden of 
Oregon, Mr. Crenshaw, Mr. Burgess, Mr. Bonner, Mr. Poe, Mr. Hefley, Mr. 
  Kennedy of Minnesota, Mr. Radanovich, Mrs. Miller of Michigan, Mr. 
    Shimkus, Mr. Filner, Mr. Gingrey, Mr. Duncan, Mr. Reichert, Ms. 
 Jackson-Lee of Texas, Mr. Brown of South Carolina, Mr. Westmoreland, 
    Mr. Sodrel, Ms. Ginny Brown-Waite of Florida, Mr. Gillmor, Mr. 
 Cunningham, Mr. Wilson of South Carolina, Mr. Miller of Florida, Mr. 
Osborne, Mr. Pearce, Mrs. Jo Ann Davis of Virginia, Mrs. Blackburn, and 
Mr. Price of Georgia) introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                  To protect private property rights.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Private Property Rights Protection 
Act of 2005''.

SEC. 2. PROHIBITION ON EMINENT DOMAIN ABUSE BY STATES.

    (a) In General.--No State or any political subdivision of a State 
shall use economic development as a reason for exercising its power of 
eminent domain if Federal funds would contribute in any way to--
            (1) the project for which the State's or political 
        subdivision's power of eminent domain is exercised; or
            (2) the exercise and enforcement of the eminent domain 
        power over that project.
    (b) Ineligibility for Federal Funds.--A violation of subsection (a) 
renders such State or political subdivision ineligible for any Federal 
funds described in that subsection and any Federal agency charged with 
distributing those funds shall withhold them.

SEC. 3. PROHIBITION ON EMINENT DOMAIN ABUSE BY THE FEDERAL GOVERNMENT.

     The Federal Government or any authority of the Federal Government 
shall not use economic development as a reason for exercising its power 
of eminent domain.

SEC. 4. DEFINITIONS.

    In this Act the following definitions apply:
            (1) Economic development.--The term ``economic 
        development'' means any activity, including increasing tax 
        revenue, other than making private property available in 
        substantial part for use by the general public or by an entity 
        that makes the property available for use by the general 
        public, or as a public facility, or to remove harmful effects.
            (2) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, or any other territory or possession of the United 
        States.
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