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House passes eminent domain legislation

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The U.S. House of Representatives Thursday passed the Private Property Rights Protection Act of 2005, designed to increase penalties against those that abuse their eminent domain power.

The act, passed by a 376-38 vote, will:

  • Increase the penalty for states and localities that abuse their eminent domain power by denying them all federal economic development funds for two years;

  • Make a clear connection between the federal funds that would be denied and an abuse of power;

  • Give states and localities an opportunity to cure a violation before they lose any federal economic development funds; and

  • Provide an express private right of action to make sure that those affected by a violation of the bill will be allowed access to state or federal court to enforce the bill’s provisions.

Members of an eminent domain task force created by Gov. Matt Blunt met last week with Springfield Area Chamber of Commerce members to determine the effects of eminent domain in Missouri. The task force must submit its findings by Dec. 31.

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