H.Res.340 - Expressing the grave disapproval of the House of Representatives regarding the majority opinion of the Supreme Court in the case of Kelo et al. v. City of New London et al. that nullifies the protections afforded private property owners in the Takings Clause of the Fifth Amendment.109th Congress (2005-2006)
|Sponsor:||Rep. Gingrey, Phil [R-GA-11] (Introduced 06/24/2005)|
|Committees:||House - Judiciary|
|Latest Action:||06/30/2005 Motion to reconsider laid on the table Agreed to without objection.|
|Major Recorded Votes:||06/30/2005 : Passed House|
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Summary: H.Res.340 — 109th Congress (2005-2006)All Bill Information (Except Text)
Passed House without amendment (06/30/2005)
(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Expresses disagreement with the majority opinion in Kelo et al. v. City of New London et al. (Kelo) and its holdings that effectively negate the public use requirement of the takings clause of the Fifth Amendment to the U.S. Constitution.
Expresses the sense of the House of Representatives that state and local governments: (1) should only execute the power of eminent domain for the public good; (2) must always justly compensate affected individuals in accordance with the Fifth Amendment; (3) should never use eminent domain to advantage one private party over another; and (4) should not construe Kelo as justification to abuse the power of eminent domain.
Reserves to Congress the right to address through legislation any abuses of eminent domain by state and local government in light of Kelo.