ACLJ: Supreme Court Decision Threatens Property Rights Putting Homes, Businesses, and Churches at Risk

June 29, 2005

(Washington, DC) - The American Center for Law and Justice (ACLJ), focusing on constitutional law, today launched a national petition campaign to generate support for federal legislation designed to counter a decision by the Supreme Court giving the government unprecedented power to take private property in whats known as the power of eminent domain.

The Supreme Court decision gives the green light to local governments to take private property including homes, businesses and even churches, said Jay Sekulow, Chief Counsel of the ACLJ.  The high court said that government can take private property simply by concluding that such a transfer to another private owner would benefit the community through economic development.  That decision creates a scenario where churches and religious organizations which are tax exempt could be on the chopping block to make room for economic development that will enhance the tax base.  This is a troubling decision and we are examining all avenues to ensure that private property is protected.

The ACLJ today launched a national petition campaign to support a new piece of legislation introduced on Capitol Hill by Senator John Cornyn of Texas.  Its called the Protection of Homes, Small Businesses, and Private Property Act of 2005 and seeks to ensure that the Fifth Amendment rights of property owners are protected.

In a 5-4 decision, the Supreme Court gave local governments broad power to seize private property to generate tax revenue.  In a dissent, Justice Sandra Day OConnor said:  "The specter of condemnation hangs over all property," O'Connor wrote. "Nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."

Led by Chief Counsel Jay Sekulow, the ACLJ focuses on constitutional law and is based in Washington, D.C.