Sens. Rand Paul and John Cornyn Introduce Bill to Limit Power of Government to Seize Private Property
- Posted on June 21, 2012 at 7:52pm by
Jason Howerton
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U.S. Sens. John Cornyn (R-Texas) and Rand Paul (R-Ky.) introduced legislation today aimed at strengthening private property rights and limiting the government’s power of eminent domain, which allows the seizure private property without the owner’s consent.
The Protection of Homes, Small Businesses and Private Property Act of 2012 intentionally coincides with the seventh anniversary of the U.S. Supreme Court’s decision in Kelo v. the City of New London in which the Court ruled that local governments could utilize eminent domain to confiscate private property at their discretion.
“The Kelo decision represented a vast expansion of government power of eminent domain—one that went too far. My legislation would limit that power and restore the basic protections of private property rights that our founders intended,” Cornyn said in a statement.
The bill argues that the “protection of homes, small businesses and other private property rights against government seizures and other unreasonable government interference is a fundamental principal and core commitment of our Nation’s founders.” It also cites the Fifth Amendment of the U.S. Constitution, which states eminent domain may only be used for only for “public use.”
Taken directly from the Protection of Homes, Small Businesses and Private Property Act of 2012:
The Court’s decision in Kelo is alarming because, as Justice O’Connor accurately noted in her dissenting opinion, joined by the Chief Justice and Justices Scalia and Thomas, the Court has ‘‘effectively . . . delete[d] the words ‘for public use’ from the Takings Clause of the Fifth Amendment’’ and thereby ‘‘refuse[d] to enforce properly the Federal Constitution.
Under the Court’s decision in Kelo, Justice O’Connor warns, ‘‘The specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz Carlton, any home with a shopping mall, or an farm with a factory.
The bill concludes with a challenge to lawmakers to restore the protections provided under the Fifth Amendment and protect private property owners from even the possibility of wrongful, unlawful property seizure.
“Property rights are the bulwark of a free society. If we allow our government to confiscate private property at will, then we will eventually lose our other constitutionally protected rights as well. I am proud to stand with Sen. Cornyn to introduce this legislation that will restore property rights to the American people,” said Paul in a statement.
In the landmark property rights case, New London officials decided they needed Susette Kelo’s land and the surrounding 90 acres for a multimillion-dollar private development that included residential, hotel conference, research and development space and a new state park that would compliment a new $350 million Pfizer pharmaceutical research facility.
Kelo and six other homeowners fought for years, all the way to the U.S. Supreme Court. In 2005, justices voted 5-4 against them, giving cities across the country the right to use eminent domain to take property for private development while also confirming the government’s authority to take property from one person and give it to another if they believe it may promote economic development.

Susette Kelo, left, former owner of the little pink house stands with Avner Gregory, the new owner, during a dedication ceremony at the home's new location in New London, Conn., Saturday, June 21, 2008. Kelo lost her home when the Supreme Court ruled 5-4 in June 2005 that local governments may seize homes and businesses even against the owners' will for private economic development. (AP Photo/Jessica Hill)
Ironically, weeds, glass, bricks, pieces of pipe and shingle splinters had replaced the knot of aging homes at the site of the nation’s most notorious eminent domain project. Much of the property was reportedly still undeveloped as of late 2009.
If the prospect of the government using eminent domain to seize private property sounds absurd to you, consider this: they try it all the time, and sometimes succeed.
The Los Angeles Times reported on Wednesday:
San Bernardino County is pursuing a program that would use eminent domain to seize mortgages and restructure them for underwater homeowners stuck in their properties.
The aggressive plan, approved unanimously this week by the county Board of Supervisors, is titled the Homeownership Protection Program and partners the county with the cities of Ontario and Fontana. The program will use private funds from investors to acquire underwater mortgages – those that are worth less than the debt owed on them – and restructure them on behalf of homeowners in those cities.
David Wert, a spokesman for the county, said the program was still in its initial stages and details are not yet firm. Those details will be hashed out in public, he said.
“Under this particular proposal, the county would use its eminent domain authority to condemn the mortgages on negative equity properties and that way the county would take possession — would be the owner of the mortgages,” Wert said. “The mortgages could then be renegotiated at a lower amount.”
It may sound like the government is coming to the aide of homeowners, but under the current program, the local county government would essentially become the bank, owning the mortgage on the properties. That isn’t exactly the role any government entity should take on.
Other cities are reportedly considering similar measures.
WVIR in Charlottesville, Va. reported on Monday that Charlottesville City Council voted in favor of using eminent domain to seize a piece of land owned by a private company, Middle Mountian LLC, to be used for future construction and development.
The Kansas City Business Journal reported on June 8 that a Kansas City local government has filed a petition to assert eminent domain in Clay County Circuit Court. They want to condemn a Burger King and use the property it sits on for city redevelopment. The property owner is reportedly holding out and is not willing to give up his plot of land.
These instances are only very recent eminent domain cases. A simply Google search will turn up an abundance of other instances.
Obviously, not every case of eminent domain is a blatant violation of property rights as some property owners sometimes agree to give up their property, however, as shown in Kelo v. the City of London, it is certainly possible. The only remaining question is: do we want any government entity to have that type of power?
The Associated Press contributed to this report.





















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Comments (80)
Daveed
Posted on June 22, 2012 at 1:54amThe bill does not go far enough. There should never be immenient domain ever!!! If the government wants your property then they can make a financial offer for three times what it is worth and if the owners want to sell they can and if they choose not to, then they won’t.
Report Post »MRMANN
Posted on June 22, 2012 at 5:21amHow true, & very chilling.
Report Post »johnjamison
Posted on June 22, 2012 at 7:19amThe bottom line is that seizing a citizens property with jusrt compensation is Unconstitutional and in cases where generations have owned property the citizenry has even more rights.
Report Post »Economist
Posted on June 22, 2012 at 8:48amThis can’t come soon enough… Capital controls are coming to a government near you soon.
http://theautomaticearth.org/Finance/capital-flight-capital-controls-capital-panic.html
Report Post »Dcjones
Posted on June 22, 2012 at 8:53amEconomist,
Yes the problem is structural in nature the banking system we have now is going to fail and is a mathmatical certainty if you know how it works. Here is the reason:
In a debt-based, fiat, fractional reserve banking model only the principal is ever printed. The interest is never printed. Therefore, in order that the interest can be paid back(using someone else’s principal) ever more principal must be printed into existence. It can only be printed into existence through the emission of more debt. This process works on the compound interest principle and follows an exponential path. An exponential emission of debt cannot happen exponentially, indefinitely. That is a fact. This is the route casue of the financial “crisis”. All that the the greed and fraud did to that model was to accelerate its already pre-defined mathematical outcome.
Yes, very soon we will have bank runs, and the goverment will either enact the following or the system will collapse:
•Restrictions on bank withdrawals
Report Post »•Restrictions on money market fund redemptions
•Greater restrictions on retirement fund liquidations
•Fixing an official exchange rate and criminalizing market rate transactions
•Banning the conversion of domestic currency to foreign currency
•Banning the movement of assets out of the country to foreign financial institutions
•Barriers, restrictions, additional transaction costs imposed on foreigners seeking to deposit funds or make investments in
yougottabekidding
Posted on June 22, 2012 at 8:53amI’m sure that this is a racist bill and will be fought hard against by Hussain and his MSNBC idiots!
Report Post »firstgenesis
Posted on June 22, 2012 at 9:21amOK…ok, DAVEED, MRMANN, & JOHNJAMISON,
Report Post »If you read the Fifth Amendment to the Constitution you will find out that even our founders agreed that the government needed some ability to reclaim property for PROPER PUBLIC use. The question was how difficult should it be, and if it EVER happens the citizens affected needed to be justly compensated. I FULLY agree that in some cases eminent domain has been misused, but that does not mean we need to through out the entire concept simply because some PEOPLE exercising that power are corrupt.
watashbuddyfriend
Posted on June 22, 2012 at 9:54am@Daveed, I do not know the extent of the Bill, but, your comment sure makes it plain! Thanks.
Report Post »listeninginVT
Posted on June 22, 2012 at 10:38amisn’t this furthering of agenda 21?
Report Post »socialism.rocks
Posted on June 22, 2012 at 3:01pmyou are a idiot government gives people property rights it can take it away….government is of we the people for the people
more brain dead republicans
Report Post »brewers97
Posted on June 22, 2012 at 1:12amI face and fight eminent domain tyranny as we speak.
Report Post »In Cortland County NY eminent domain ios being used against me for their airport.
All totally illegal.
The only reason they have an airport is to fly illegal drugs into the county.
My fathjer was a WWII hero and fought them from 1967 till 2010, when he died.
Now the torch is passed………..i will fight them until I die.
I am US Navy and 27 yrs a volunteer fireman.
Live free or die! GOD Bless America and save us from our government!!!!!!!!!
Christianmyson
Posted on June 22, 2012 at 8:15amI standwith you brother I am U.S. A.F Vet and it is only a matter of time before we have to fight again in this country in the streets and fields of America to protect our rights Give me Liberty or give me Death, God Bless America, wake up people, what the Hell is wrong with all of you ?
Report Post »auntmoxie.com
Posted on June 21, 2012 at 11:53pmThis is the most optimistic I’ve been in awhile. Senators Paul and Cornyn…. I wub you!
Report Post »Elena2010
Posted on June 21, 2012 at 10:09pmTook you slackers long enough to fix that SCOTUS flawed decision!
Report Post »scuba13
Posted on June 21, 2012 at 11:12pmThey haven’t fixed anything yet>
Report Post »Elena2010
Posted on June 21, 2012 at 11:26pmI’m hopeful it will pass both houses w/veto-proof majorities!
Report Post »marhee9
Posted on June 21, 2012 at 11:37pmSounds like we have two more “radicals” on our hands here. Believing in smaller government and personal rights will only lead you to be called racists and extremists. Can you say tea party? It’s about time guys! http://www.youtube.com/watch?v=Z-WWrGHn5QQ
Report Post »beckyspatflaveredstew
Posted on June 21, 2012 at 9:34pmI agree with soybomb, anyone who can needs to support Rand Paul. I am not privy to the info Rand gets, so I salt my judgement of His endorsement of Romney, but I cannot see from here how He could possibly do such a thing.
Report Post »Kellyirishtoafault
Posted on June 21, 2012 at 9:25pmSign me up to do anything I can to help this get past.
Report Post »Bravo to both Senator Rand Paul and Senator John Cornyn
jhaydeng
Posted on June 21, 2012 at 9:43pmagreed
Report Post »js1964
Posted on June 21, 2012 at 9:57pmagreed
Report Post »Vickie Dhaene
Posted on June 22, 2012 at 10:20amAgreed. We can do this by paying closer attention to our own local communities and make sure it’s not happening. Please join your local 912 groups and keep the pressure on the Local Politicians and Commissioners. Let them know we will be vigilant.
Report Post »kegbuna
Posted on June 21, 2012 at 9:10pmI am sure they will appreciate this effort down in Texas where people are having their land taken away by the government at behest of the CANADIAN company TransCanada. Imagine, a foreign corporation basically coming into America and using the government to seize the land of its own people. Money really does make the world go round.
Report Post »Rayblue
Posted on June 21, 2012 at 10:29pmIt’s not the first time.
Report Post »TXDOT is behind most of the corruption.
brewers97
Posted on June 22, 2012 at 1:14amMe too, see my post brewers97
Report Post »GOD Bless America
Meyvn
Posted on June 21, 2012 at 9:08pmAnd you all should look into Rand Paul’s bill of “Preserving Freedom from Unwarranted Surveillance Act of 2012.”
This bill:
** Forces law enforcement to obtain a warrant from a judge before dispatching drones to fly over our property.
** Forbids the use of evidence illegally obtained by warrantless drone flights from being used in any criminal, civil or regulatory action.
** Permits citizens to sue the government for any violations of this act.
** Provides exceptions for patrolling the border, to act in the case of imminent danger to human life or high risk of a terrorist attack.
If you support it, sign the petition here: http://www.randpacusa.com/nds_sign.aspx
Report Post »MetalPatriot
Posted on June 21, 2012 at 10:48pmI get Rand’s email updates. He’s definitely one of the Good Guys. I like him A LOT more than his dad.
QUESTION: This law is about “local” govt’s ability to use eminent domain. Does the Constitution only allow for Federal land grabs or does it also apply to local govt?
Any light on the subject would be helpful.
Report Post »JUSTANOTHEROPINION
Posted on June 21, 2012 at 9:04pmIt’s not just a state modo. Live Free Or Die. Lock and load.
Report Post »Wolfgang the Gray
Posted on June 21, 2012 at 10:41pmYou got that straight. I paid for my car, it is mine & nobody can take it from me (unless the want to get lead poisoning). If I buy a piece of property, that is mine. It is the sovereign micro country of Wolfgang Land. Anyone trying to take it away might also suffer said poisoning.
Yes, I know that my land still has to obey the laws of the US and the Constitution (gladly), but the government should have no right to come after me every year to keep paying for that land (property taxes).
I am 100% behind Rand Paul & John Cornyn in this matter!
Report Post »brewers97
Posted on June 22, 2012 at 1:17amMe too bro,
Report Post »see my post brewers97
GOD Bless America and save us from our government!!!!
PointBreak
Posted on June 21, 2012 at 8:52pmRand Paul is a liar and a traitor. We need to find someone else to support as his political career is a fraud, and is OVER.
Report Post »soybomb315
Posted on June 21, 2012 at 9:02pmIt is definately on hiatus from a Ron Paul successor standpoint. But we must remember, someone like Rand Paul is the perfect compromise between Ron Paul and Romney. If the republicans had any sense, they would have asked Rand to become the nominee in order to solidify the party. However, I’m sure the Republicans felt like they would have all the votes because of the “anyone but obama” disorder.
Demand the Republicans nominate people like Rand Paul or else we vote Gary Johnson in November!
Report Post »beckyspatflaveredstew
Posted on June 21, 2012 at 9:21pmWhich mask are you wearing, Nixon or Reagan?
Report Post »justangry
Posted on June 21, 2012 at 9:24pmOnly problem Soy, is Rand isn’t a globalist and also wants to end the fed. GOP likes the fed, and it’s redistribution of wealth too.
Report Post »soybomb315
Posted on June 21, 2012 at 9:37pm@Just
Report Post »Which is exactly why they cannot be trusted unless we have a constitution hoss as the nominee
3monkeysmomma
Posted on June 21, 2012 at 10:45pm…so what’s your point? You like eminent domain? You don’t want the Fed audited?
I wasn‘t happy with Rand Paul’s endorsement but he’s got several important peices of legislation coming up for a vote and any conservative with any sense knows he needs our support.
Report Post »inblack
Posted on June 22, 2012 at 12:40amIf your new found hatred of Rand Paul is over his endorsement, you are being pretty immature. But I’m sure he will support your right to be childish.
I’d have rather had him hold out for some libertarian planks in the repub platform, but I don’t know what his reasoning or strategy was for the endorsement. I’m pretty sure he talked it over with his dad first.
You still have a choice. Vote for Gary if you want.
Report Post »justangry
Posted on June 22, 2012 at 5:04am@Point, Man, I know how you feel, but I promise you, Rand and his father are still working towards the same goals they always have been. Everytime Rand needs support, I get a message from his father on FB letting me know about it. Be unhappy with Rand for a while and let it go. My gut tells me, it’s nothing more than a different strategy to implement their ideas. We have to remember that, as much as we’d like them to be, they are different people. Keep an eye out on Rand’s legislation and voting record. I believe you’ll find nothing has changed in principle with that silly announcement.
@Soy, Yeah, I just don‘t think they’ll (the establishment) give Rand a chance either because of those two things.
Report Post »Meyvn
Posted on June 21, 2012 at 8:51pmApplause.
Report Post »lukerw
Posted on June 21, 2012 at 8:47pmSome one is thinking… we are headed to the 1923 Weimar Republic Moment… where the old Mark became WorthLess… and Land was used as a National Asset to back the Rentemmark… in order to stabilize the Currency! So, some one must protect the People & their Property… from a Crazy Government!
Report Post »Merrymix
Posted on June 21, 2012 at 8:44pmI own a property in Louisville, KY that is presently on the market for sale and is vacant. This house has a 1.5 car garage as well as a carport with a concrete floor. The entire yard is surrounded by an 8′ privacy fence with a 1200 lb. electronic gate that we purposely left off the track so that no one could open it. Our son parked two cars at the property. One was in the garage and one was in the carport. This was a beautiful car with a $5,500 blue book value, but it wasn’t operable due to an unsolved electrical problem that was under evaluation.
Report Post »On March 3 as neighbors watched in disbelief, a Metro Police wrecker came to the property. Two men broke into the yard and towed away this vehicle. When we saw that the car was gone, we assumed our son had it moved to another repair facility. When he saw that it was gone, he thought we had it moved because we didn’t want it there anymore. By the time we knew what had happened, the storage lot charges were in excess of $500 and mounting daily for him to get the car back. Now the car has been sold. We were told by the Dept. of Licenses that the car didn’t have current tags. But the car was as inoperable as the picnic set nearby. Why would you license a car that couldn’t be driven? I’m so upset over this theft and demand for ransom. The metro councilman‘s office hasn’t been helpful. I feel the city should reimburse our son. Who else should I contact? Any guidance would be appreciated.
beckyspatflaveredstew
Posted on June 21, 2012 at 9:10pmSomething like that would not have happened a hundred years ago, reckon why.
Report Post »soybomb315
Posted on June 21, 2012 at 9:26pmDang. So the Dept of licensing were the ones that authorized the taking (stealing)?
Did they provide any notice? Was there any warning? I would look into state/local laws regarding the process. Sounds like they skipped a few steps. Good luck trying to take the state to court tho….
Report Post »3monkeysmomma
Posted on June 21, 2012 at 10:50pmHoly crap! That’s terrible. I hope you get some justice.
Report Post »John 1776
Posted on June 21, 2012 at 8:39pmCan’t wait for the rebuttal from our Democratic-Socialists.
Report Post »Probably something like, “For the betterment of the collective.”
justangry
Posted on June 21, 2012 at 8:37pmRight on Rand! He’s also has an action call out for…
“From my son:
ACTION ALERT FROM RAND: The House is set to vote on an FDA reform bill, but they have stripped out my Senate-passed language to prevent mandatory minimum sentences on synthetic drugs. Please call Congressman Fred Upton, Chairman of the Eneregy and Commerce Committee and urge him to reinstate my provisions stopping new mandatory minimum sentences. His office phone is (202) 225-3761″
Report Post »Individualism
Posted on June 21, 2012 at 8:37pmThe best senator in the Senate Rand Paul doing his job to protect the constitution we need more people like that in Washington.
Report Post »lukerw
Posted on June 21, 2012 at 9:17pmA Clone Machine… would be nice!
Report Post »Jenny Lind
Posted on June 21, 2012 at 8:25pmThe answer to the question is no, we do not want the government taking property, unless it is for roads, etc.
Report Post »soybomb315
Posted on June 21, 2012 at 8:47pm@Jenny Lind
From what i reckon, you are a modera around here. Do you see the ‘eminent domain for public roads’ slippery slope? If they can take them for roads, why not airports, power plants, or hospitals?
The government should NEVER be allowed to take property unless it is by consent. But we live in a quasi-socialist country so if they do it by force, then they should at least have to PAY the property owner double the market value of the property. Just my 2 cents
Report Post »3monkeysmomma
Posted on June 21, 2012 at 10:52pmSoy is right. That was the original reasoning and look where that has gotten us.
No more legal theft of private property!
Report Post »65Mustang
Posted on June 21, 2012 at 8:19pmRand Paul is my Senator, I pray that he and Mr. Cornyn succeed in their endeavor to keep ownership of private property from the unlawful governmental seizure.
Report Post »soybomb315
Posted on June 21, 2012 at 8:37pmMay you folks in KY support this guy as much as you can – we need as many Rand Pauls as possible
Report Post »AxelPhantom
Posted on June 21, 2012 at 8:38pmCornyn is my Senator, I would bet though that the final bill that gets voted on looks nothing like the original once everyone gets their fingers into it.
Report Post »crusaderx9
Posted on June 21, 2012 at 8:19pmUsing the power of eminent domain to essentially transfer property ownership from one private party to another private party is called CORRUPTION.
Report Post »BLACKDIAMONDSKIER
Posted on June 21, 2012 at 9:04pmCRUSADER….
I would agree that it is corruption, but it is more commonly known as COMMUNISM.
Report Post »CatB
Posted on June 21, 2012 at 9:18pmAgree .. and what they do in most cases is also theft.
Report Post »progressiveslayer
Posted on June 21, 2012 at 8:18pmPut the government fiends in their place and show who works for who,but this bill wouldn‘t be necessary if we hadn’t strayed so far from our founders.Barry won‘t like it but he’ll be looking for work in January so just pass the bill into law after Barry’s fired.
Report Post »Gizzy
Posted on June 21, 2012 at 11:17pmThanks Senators Paul & Cornyn but the bill should be passed retroactively to 2005 and reinstate ownership of already stolen property rights along with punitative damage awards and compensation for legal representation. Those expenses need to be paid by those who have benefitted from the wrongly acquired properties! There has to be accountability for the bastardization of our Constitution!
Report Post »junior1971
Posted on June 21, 2012 at 8:08pmEminant domain is an obvious slap in the face of property rights. These types of things are the problem with our gov. Who the hell approved such things? The only one who has eminant domain over the earth is the one who created it and it aint our precious gov!
Report Post »chicago76
Posted on June 21, 2012 at 8:27pmWhat is worse? The government can claim eminent domain. Pay you with worthless dollars they print up, then take your land. That is what FDR did to people who owned gold. Heck, with the federal reserve printing money in tow, they could nationalize the whole country and call it for the public good.
Report Post »LaBelle
Posted on June 21, 2012 at 8:07pmLet’s see how many dems vote against it.
Report Post »RepubliCorp
Posted on June 21, 2012 at 8:30pmA election year is good timing for this bill………….
Report Post »lukerw
Posted on June 21, 2012 at 8:05pmGood going! Actually… We The People are suppose to Own Government Property… but the Government keeps Guards to limit our access… and the whole National Park System is just a Land Grab to support a Minority and limit access to Resources!
Report Post »RJJinGadsden
Posted on June 21, 2012 at 7:57pmWhile you guys are at it, stop the EPA from hounding people to death in court over their drainage ditches being navigable waterways.
Report Post »justangry
Posted on June 22, 2012 at 4:51amThere’s some funny stuff going on regarding navigable waterways in my area. Northwest ordinance declared all navigable waterways as highways free for all citizens and inhabitants. Couple years back, I was wading a creek to hunt wood ducks, when approached by a farmer telling me I was trespassing. I told him I was in the creek and it’s public. I was told that changed. I contacted ODNR and asked about it, and found out that “ground beneath the waterway” belonged to the farmer. You can float down it, but an anchor can’t touch the ground, nor are you permitted to wade it. I wrote everyone and got the standard run around. During which, I found out they’re even permitting homeowners on Lake Erie (which even the Ohio Constitution says is free) to build fences way out on the property at low tide, to prevent people from walking the beaches now, and many “navigable waterways” were being declared non navigable by the Ohio Supreme Court. Though no one ever gave me a straight answer, it turns out it was because of the Water Compact treaty Bush made with Canada. On the flip side, I wrote all the prosecutors of the areas I hunt and fished regarding this and they said they wouldn’t prosecute unless you were damaging the property, so if I get a ticket, I just have to go to court and plead not guilty and that will be end of it. But yeah, there’s some funny stuff going on with the waterways in my neck of the woods too. I assume it has something to do wtih sustainable devel
Report Post »Snowleopard {gallery of cat folks}
Posted on June 21, 2012 at 7:57pmKeep the ever growing threat of governance in check; they have for too long been allowedto run roughshod over our rights and freedoms. At the same time we have to maintain our vigiance in the protection of those rights; for without such vigiliance, they will in turn fall again.
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