Property Rights at Risk

The Supreme Court issued a very troubling decision in the final days of its term.  With a vote of 5-4, the high court gave the government unprecedented authority to take your private property - including your home, business, even your church.

This sweeping decision was nearly overlooked with the decisions involving the public display of the Ten Commandments and the speculation and subsequent resignation of Justice Sandra Day O'Connor.

The decision involving eminent domain came in the case of Kelo v. City of New London.  If you look at the decision itself, the government has the green light to take your private property - give it to another private owner - in the interest of economic development.

Our office of legislative affairs in Washington has been meeting with members of Congress as efforts begin to unfold concerning Congressional action that is underway to counter this damaging decision.  There is growing concern that this Supreme Court decision will be used to take property - especially churches - because of their tax-exempt status.  Since churches do not pay taxes, there is concern that local governments will move to take the property and put it in the hands of developers who will generate tax income.

Several legislative efforts are underway on Capitol Hill to prevent this overreach by local governments.  Senator John Cornyn (R-TX) has introduced a bill in the Senate that we support.  It is called the Protection of Homes, Small Businesses, and Private Property Act of 2005.  It is an important piece of legislation that would prohibit the transfer of private property from one private owner to another private owner, without the existing owner's consent, if federal funds were used, and the purpose of the transfer was for economic development instead of public use.

You can read our legal analysis of this decision and an explanation of Senator Cornyn's bill. 

We will keep you posted on this important issue.