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RogueOne2/29/2012 6:21:45 am PST

House votes to overturn Supreme Court decision on eminent domain
thehill.com

The House on Tuesday afternoon approved legislation that overturns a 2005 Supreme Court decision that affirmed the ability of states to take control of private property under the doctrine of eminent domain and hand it to another private developer.

That decision, Kelo v. City of New London, led to sharp complaints in particular from Republicans, who argued that the Court ignored the normal “public use” standard. Under that standard, eminent domain was seen as permissible only when the land or property taken would be retooled for public use.
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House Republicans brought up the bill under a suspension of House rules, and after a brief debate, members passed it by voice vote. In addition to chief sponsor Rep. Jim Sensenbrenner (R-Wis.), House Judiciary Committee Chairman Lamar Smith (R-Texas) spoke in favor of the bill, as did two Democrats, Reps. Maxine Waters (D-Calif.) and Sheila Jackson Lee (D-Texas).

Waters co-sponsored the bill with Sensenbrenner, and both members noted that this rare alliance alone should prompt members to support the bill.

“This is a Sensenbrenner-Waters bill,” Sensenbrenner said. “You will never see another Sensenbrenner-Waters bill, and that is probably one of the best reasons to vote in favor of it.”