05-R 395
2005 -- S 1237
Enacted 07/15/05
S E N A T 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: Senators Sheehan, Roberts, Tassoni, Lenihan, and Paiva-Weed
Date
Introduced: July 15, 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 great “American Dream” is based on every citizen’s right to life, liberty
and
the pursuit of happiness. Included in these inalienable rights is the
prerogative of a private
citizen
to own property; and
WHEREAS,
The right to property ownership was guaranteed by our founding fathers
centuries
ago in the United States Constitution, and although the 5th Amendment to the
Constitution
provides local states with the power to take private property by eminent
domain, the
purpose,
previous to this court ruling, was that land taken by eminent domain had to be
for
“public
use”; and
WHEREAS,
The Supreme Court’s 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 Senate of the State of Rhode Island and Providence Plantations
hereby
solidly supports the restoration of property owner’s rights by all state
legislatures, through
legislation
and/or Constitutional amendment; and be it further
RESOLVED,
That this Senate hereby urges the United States Congress to restore
property
owners rights through legislation and/or Constitutional amendment; 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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LC03699
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