Real Property Rights,  We must defend them or we will lose them  .   .   .

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Bill of Rights - Fifth Amendment Pacific Legal Foundation Research Property Rights

SUPREME COURT RULINGS ERODE PRIVATE PROPERTY RIGHTS:  7/5/05 The U.S. Supreme Court issued two surprise rulings recently that strengthen local government powers at the expense of private property rights. In a 5-4 vote last week, the Justices ruled that government may invoke its power of "eminent domain" to seize private property from unwilling sellers. The case was brought by a small group of residents in New London, Connecticut who refused to sell their property to make way for a large-scale commercial development project. The court ruled that as long as the goal is to create new jobs or raise tax revenue, the city could seize the properties even if they are not "blighted". In another case, the Court upheld a San Francisco ordinance that requires buidling owners to pay a city fee when they convert rental units into hotel rooms. In its decision, the Court ruled unanimously that the plaintiffs had no right to challenge the fees in federal court once they had lost in state courts. The Califonria Supreme Court upheld the ordinance three years ago. The rulings are uncharacteristic of the Court under Chief Justice William Rehnquist who had indicated that he would strengthen private property rights when he assumed the leadership role nearly twenty years ago. House Judiciary Committee Passes Property Rights Bill:  7/19/06   The U.S. House Judiciary Committee has passed legislation to ease access to the federal courts for property owners who believe their Fifth Amendment property rights have been violated. NAR wrote a letter in support of the bill, which goes to the floor of the House. There is no companion bill in the Senate, although Sen. Arlen Spector (R-Pa.) has circulated a draft of legislation for review and input by stakeholders. The bill is the Private Property Rights Implementation Act of 2005 (H.R. 4772), sponsored by Rep. Steve Chabot (R-Ohio).

Property Owners RIGHTS The right to private property is the fundamental basis for prospering economically and living secure and healthy lives. Through private property ownership, people retain incentives to create, to initiate and sustain progress, and to use resources more efficiently. The erosion of property rights is a very slow and subtle process that can take not just months, but years, even generations—one instance, one case at a time.  The victims are the hardworking and self-reliant Americans struggling to attain—or maintain—the American Dream but who have been hampered by overzealous regulators. Their rights and anguish are assisted by Real Property Right's program which is committed to enforcing the Constitution’s limit on the power of government agents to control private property.

Eminent domain The U.S. Constitution, in the Fifth Amendment, in no uncertain terms, declares "nor shall private property be taken for public use, without just compensation." Unfortunately, local governments across the nation are abusing the power of eminent domain by seizing the homes and small businesses of private property owners and giving their land to private companies desiring to build shopping centers, restaurants, or industrial complexes. Real Property Rights fights in the courts to prevent local officials from so easily redistributing property from one private individual to another under the pretext of serving some broad public purpose.