05-R 338

2005 -- H 6636

Enacted 06/24/05

H O U S E R E S O L U T I O N

MEMORIALIZING THE UNITED STATES CONGRESS TO AMEND THE CONSTITUTION IN LIEU OF THE RECENT SUPREME COURT DECISION ON EMINENT DOMAIN

Introduced By: Representatives Moffitt, Lima, Watson, Fox, and Flaherty

Date Introduced: June 24, 2005

     WHEREAS, On June 23, 2005, the United States Supreme Court, in Kelo et al v. City of

New London, severely weakened the property rights of the average property owner by upholding

a lower court's ruling that local government can take property by eminent domain for private

commercial development purposes; and

     WHEREAS, The right to own property has been guaranteed by the United States

Constitution for centuries and although the 5th Amendment to the Constitution provides local

states with the power to take private property by eminent domain, the purpose had to be for the

"public use"; and

     WHEREAS, The court's decision in this ruling favors rich corporation's commercial

development for profit at the expense of family and privately owned property rights and has

virtually erased the previous limits on the use of eminent domain; now, therefore be it

     RESOLVED, That this House of Representatives of the State of Rhode Island and

Providence Plantations hereby urges the United States Congress to take immediate action to

amend the Constitution in order to more fully protect and guarantee private property rights and to

nullify the Kelo decision; and be it further

     RESOLVED, That the Secretary of State be and he hereby is authorized and directed to

transmit duly certified copies of this resolution to the Rhode Island Congressional Delegation.     

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LC03591

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