House of Representatives Passes Anti-Kelo Bill

Early this month, the United States House of Representatives passed the Private Property Rights Protection Act bill, in an effort to “minimize abuses of the government’s condemnation power.” Ever since the  infamously unjust 2005 condemnation involving Susette Kelo’s home in New London, Connecticut, Congress has developed over a dozen anti-Kelo bills to protect private property owners in the United States.

Kelo v. City of New London consisted of a government condemnation of Ms. Kelo’s home and the homes of her neighbors to make way for a multimillion-dollar redevelopment project which promised over 3,100 new jobs and $1.2m in tax revenues annually.  With terrible irony it should be remembered that the redevelopers were unable to receive the necessary financing and finally gave up, and where Kelo’s home once stood is now a waste dump.

Why did five of the nine Supreme Court justices vote for the condemnation of Kelo’s home, agreeing that the redevelopment project showed proof of “public use”? The reasoning behind that decision has prompted much discussion and debate for several years, and has brought attention to eminent domain proceedings across the county as condemning authorities continue to rely upon the decision in Kelo to support scandalous takings for economic development or public benefit, allowing “certain condemners and their developer partners to abuse the power of eminent domain” over and over again.

This new bill will likely bring debate over condemnation as a proper tool in the government’s effort to promote redevelopment to economically challenged areas. Private property owners hope that Kelo won’t happen again in the United States, and that the private individual right to personal property will be further protected. If you believe your property is a target in a proposed condemnation, an experienced Arizona eminent domain attorney can fight to protect your constitutional rights. Call (480) 428-3572 to schedule an appointment with eminent domain attorney, Anthony Misseldine today. Don’t fight the government on your own, get the professional knowledge and expertise you deserve.

Arizona Property Rights

In 1998 in the city of New London, Connecticut, a plant was built by the drug company, Pfizer. Officials of the City attempted to purchase 115 residential homes to turn around and sell to commercial developers. When fifteen residents resisted, the City turned to its power of eminent domain to take the land.  One resident, Susette Kelo, opposed the taking through a legal challenge. The case ended up before the U.S. Supreme Court, which ruled in favor of the taking by the City of New London. The Court’s decision sparked a nationwide debate, fueled in part by disserting comments in the opinion.  Justice Clarence Thomas accused the verdict of violating the Fifth Amendment’s “public use” standard because property was forcibly transferred from one private owner to another.

Many states in the US, including Arizona, reacted strongly to this ruling and amended their property statutes. The Private Property Rights Protection Acts were instituted as an effort to prevent another situation, such as the Kelo vs. New London case, from happening in Arizona. Eminent domain rulings in Arizona require a judicial determination ensuring that the claimed usage of the land will indeed be “public.”

If you think you may be in danger of eminent domain violations against your property, contact an experienced Arizona eminent domain attorney immediately. Call (480)-428-3572 for a consultation, and I can help you with any questions or concerns you have about your Arizona Property Rights.