Ensign targets ruling on eminent domain

Benjamin Grove

Friday, July 1, 2005 | 11:22 a.m.

WASHINGTON -- Sen. John Ensign, R-Nev., plans to introduce a bill designed to thwart the Supreme Court's ruling on eminent domain.

The Supreme Court last week issued a 5-to-4 ruling that gives local and state governments broader power to force private property sales to clear the way for economic development projects.

Ensign said he intends to be among the leaders in Congress in their attempts to negate the effect of the ruling, as some lawmakers seek to quickly gut a court decision that they say could infringe on property rights.

Ensign's staff began drafting the legislation following the June 23 court ruling.

"This is judicial activism at its worst, and I will do what I can to protect homeowners and property owners who might find themselves targeted by greedy local governments," Ensign said.

The House on Thursday approved on a 231-to-189 vote a similar bill that would block federal funds to cities or states that would use the court ruling to obtain property in order to develop for-profit ventures, such as a hotel. Nevada's Republican Reps. Jim Gibbons and Jon Porter voted for the legislation. Rep. Shelley Berkley, D-Nev., voted against it.

"This Congress has a responsibility to uphold the Constitution and the rights of the American people to own property and not to worry that it will be taken for a greater 'private' good,' " Gibbons said.

Berkley did not agree with the court ruling and she supported a House resolution that expressed "grave disapproval" with the ruling. But she has some initial concerns about how the House bill's approach could hurt redevelopment projects in Las Vegas, her spokesman David Cherry said.

Porter said the court ruling set a dangerous precedent that "flies in the face" of the Fifth Amendment, which says property shall not be taken without due process of law. The amendment says private property shall not be taken for public use without just compensation.

"I am concerned that this action will allow local and state governments to violate the property rights of private citizens, and seize private property for something other than the public good," Porter said.

Ensign's bill is more sweeping than one sponsored by John Cornyn, R-Texas, which is similar to the House bill, Ensign aides said. It would shut off tax incentives and other federal funds for infrastructure projects like sewer, water and road work or bus and transit lines, Ensign aides said. But it would also block private entities from receiving any tax deductions or credits or other federal incentives once it has obtained the land.

The goal of the legislation is to strip away any federal incentives to both local governments and developers that would encourage the cities and states to use the court ruling to obtain property, according to Ensign's office.

Senate Minority Leader Harry Reid, D-Nev., is seeking more details about the legislation and has not decided if he would support it, spokeswoman Tessa Hafen said.

The Associated Press

contributed to this story.