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News from Rep. Stephanie Herseth
For Immediate Release
Contact: Russ Levsen, 202-226-4449

HERSETH BILL PROTECTS PRIVATE PROPERTY OWNERS’ RIGHTS

Becomes Lead Democrat on Eminent Domain Legislation to Discourage Government Takings of Private Property for Private Economic Uses

July 28, 2005, Washington, D.C. – U.S. Rep. Stephanie Herseth is leading a bipartisan group of colleagues in support of private property owner rights legislation, the Strengthening the Ownership of Private Property (STOPP) Act, HR 3405. Herseth is the lead Democrat on the bill, which provides an economic disincentive for local governments to take private property for the purpose of private economic development. The bill was drafted in response to a recent Supreme Court ruling that expanded the ability of governments to take private property and transfer that property to another individual or company.

Herseth said, “I am proud to join colleagues from both sides of the aisle, and from all around the country in fighting for private property owners’ rights. In South Dakota, our rural population’s livelihood is deeply tied to the land. This is common sense legislation that will discourage state and local governments from arbitrarily taking land from private landowners and giving it to another private party.”

Herseth joined lead sponsor Rep. Henry Bonilla (R-TX), Chairman of the Agriculture Appropriations Subcommittee, on the bill. “The STOPP Act is a comprehensive piece of legislation that will correct a far-reaching decision with horrific consequences,” said Bonilla. “I'm thankful for Congresswoman Herseth’s assistance on this legislation. She is looking out for the average citizen in pursuit of the American Dream.”

Specifically, the bill would withhold federal economic assistance to localities and states in certain instances when they use eminent domain to force the transfer of property between private entities for the purposes of economic development. The Supreme Court’s recent ruling in Kelo v. New London expanded the authority of governments to use eminent domain to take away private property and transfer it to someone else for their private gain. This bill aims to discourage abuse of this practice by tying it to disbursement of key federal economic development funds.

Other cosponsors included Agriculture Committee Chairman Bob Goodlatte (R-VA), Resources Committee Chairman Richard Pombo (R-CA) Rep. Maxine Waters (D-CA) and Rep. Peter DeFazio (D-OR).

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