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Dear President Bush and my U.S. Senators:
On June 23, 2005 the U.S. Supreme Court decided, by a 5 to 4 vote, that state and local governments could use eminent domain procedures to seize homes for the purpose of private use by real estate developers. Eminent domain is the process used under the Constitution’s Fifth Amendment, to assure just compensation of real estate owners when state and local governments take property for appropriate “public use”, such as the government’s construction of roads, schools and public buildings.
The Court’s June 23rd interpretation of the Fifth Amendment significantly expands the potential use of eminent domain procedures. It puts every homeowner or small business at risk politically influential real estate developers could manipulate the political process to force property owners to sell them homes or small businesses that the owners refused to sell voluntarily. Particularly at risk are residents of poor and/or older neighborhoods that are economically attractive for development into a mall or other "higher and better use" that will produce more property taxes for the local government’s coffers. Not all public-private developments produced the promised community benefits or tax revenues. Historically most publicly supported private developments have failed miserably from both an economic and sociological viewpoint.
There has been widespread and loud opposition to this new interpretation of the use of eminent domain powers. Reacting before the month was out, the U.S. House of Representatives passed bipartisan legislation that would deny federal funds to any city or state project that used eminent domain to force people to sell their property to make way for a profit-making project such as a hotel or mall. Traditional use of eminent domain procedures for worthy public projects such as building schools and roads would not be affected. The U.S. Senate has responded by introducing similar legislation. We urge you to support S. 1313, the Protection of Homes, Small Businesses, and Private Property Act of 2005.
Homeowners should not be required to sell their property to real estate developers who will profit from the homeowners loss. The Supreme Court’s interpretation of the Fifth Amendment invites politically powerful business interests to use the political process to take homes that owners do not wish to sell. I ask that you support this important legislation in order to restore the balance of property rights of home and other real estate owners. President Bush and my U.S. Senators, please support S. 1313!
This petition will be sent by email and snail mail to President Bush and both of the petitioner's Senators supporting pending legislation that would prohibit state and local governments that receive federal funding from requiring homeowners or small business owners to sell their homes to commercial real estate developers. |
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http:www.AmericanHomeowners.org
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The American Homeowners Grassroots Alliance is a national nonpartisen consumer advocacy organization dedicated to assisting the nation's 75 million homeowners understand significant policy issues affecting homeowners and homeownership, and empowering homeowners to make their voices heard by state and federal officials. |
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