As the proposed constitutional amendment to further strengthen Virginia’s private property rights moves toward its first legislative hearings of the session, it looks like Congress, too, is taking up the cudgels. Lost amidst the flurry of State of the Union activity, the House Judiciary committee yesterday approved HR 1433, the “Private Property Rights Protection Act of 2011.” This measure would, according to a press release from one of the measure’s co-sponsors, Rep. Bob Goodlatte:
…prevent [state and local] governments from taking property from one private entity and giving it to another private entity. When abuses occur, this legislation will prohibit localities and states from receiving federal economic assistance on all economic development projects, not just those upon which abuses occur, for two years for each violation.
While this legislation cracks down hard on private-private transfers, it would not prohibit the use of eminent domain for traditional, purely public purposes.
Virginia’s proposed amendment would go further than this bill, but it is still interesting to see Congress get into the property rights act. This bill passed committee 23-5, so it’s support really is bipartisan. Looking down the list of co-sponsors, we see not only Mr. Goodlatte, but Rep. Randy Forbes and…Democrat Maxine Waters.
That shouldn’t be a complete surprise (though it is amusing). Those whose property rights are most frequently abused aren’t the wealthy and connected, but the poor and marginalized. They rarely, if ever, have the ability to fight condemnation proceedings and thus are perceived as easy targets.
While it is still much better that states address property rights concerns, we do have to recall that it was the federal courts that gave us the Kelo ruling. If this bill adds a measure of protection in those areas where state governments haven’t offered their own protections (as Virginia has), then great. Perhaps this will prod them into action.
But don’t take your eye off Virginia’s amendment. I spoke with Sen. Mark Obenshain about this last night and he’s fairly confident it will clear the Senate’s Privileges and Elections committee. But he doesn’t think it will be unanimous, with bipartisan support both for and against it. He also thinks that local government lobbyists have been spreading unfounded “fears” about the measure, which could sway some legislators.
Obenshain made it clear that he has considered every possible objection to the amendment and found them wanting. That doesn’t mean, though, that the fireworks, horror stories and such and such won’t be unleashed during hearings. Still, current prospects are favorable that the amendment will reach the Senate floor intact. And that’s where the real show will begin.
