Representative Bob Goodlatte introduced the Strengthening the Ownership of Private Property (STOPP) Act with Representative Stephanie Herseth Sandlin (D-SD) and co-sponsors Representatives Allen Boyd (D-FL), Peter DeFazio (D-OR), Lamar Smith (R-TX) and Jim Sensenbrenner (R-WI).
This bipartisan legislation, which cuts off all federal economic development aid to state or local governments that abuse their eminent domain power by seizing private property for private development purposes, was introduced in response to the narrow 5-4 U.S. Supreme Court decision, Kelo v. City of New London, which gave local governments broad eminent domain power to seize private property from one party and give it to another. The STOPP ACT passed the House of Representatives in the 109th Congress by an overwhelming vote of 376-38.
“The appalling Kelo decision struck a serious blow to a core value of our Nation, and has far reaching implications,” said Rep. Goodlatte. “The Court essentially erased any protection of private property as understood by the Founders of our Nation. As the saying goes, ‘A government big enough to give you everything you want is a government big enough to take away everything you have.’ ”
The Supreme Court’s ruling gives local governments broad power to seize property to generate tax revenue. State and local governments can now use eminent domain to take away the property of any individual for nearly any reason, including taking property for the benefit of another individual or corporation.
Cities can now bulldoze private citizens’ homes to make way for shopping malls or other development, essentially ensuring that no citizen’s property is safe.
The STOPP Act will prevent governments from taking property from one private party and giving it to another private party. When abuses occur, the STOPP Act will prohibit localities and states from receiving federal economic assistance on all economic development projects, not just those for which abuses occur, for two years for each violation.
The legislation is of interest in the Roanoke Valley particularly in relation to the ongoing litigation between the Roanoke Redevelopment and Housing Authority and private landowners Jay and Stephanie Burkholder.
In November Roanoke Circuit Court Judge William Broadhurst ruled that land belonging to the Burkholder’s was properly condemned and seized by the Roanoke Redevelopment and Housing Authority on behalf of the City of Roanoke to later be sold to Carilion Clinic for use in creating its new Riverside Center. Further controversy ensued when Carilion later announced that they never really needed the property as part of their development plans.
The Burkholders have stated that they plan to appeal the local court’s decision. However, according to Joshua Baker of the Waldo and Lyle law firm that has handled the Burkholder suit, the new law, if passed, would not impact the case even if it were retroactively applied as no federal funds were involved. A possible timetable for passage of the bill was not provided by Congressman Goodlatte’s office.
In reference to the Bill’s introduction Rep. Goodlatte stated, “I am committed to the principles of private property and limited government. I believe this legislation is necessary to ensure that our homes, farms, businesses, churches, and other private property will not be bulldozed in abusive land grabs that only benefit private individuals and organizations.”
While the legislation cracks down hard on private to private transfers where federal funds are involved, it would not prohibit the use of eminent domain for traditional, purely public purposes such as roads, schools and public utility rights of way. The STOPP Act has been referred to the House Committee on Agriculture, on which Congressman Goodlatte serves.
Compiled from Staff reports [email protected]