Thirteen years ago, in Kelo v. City of New London, the U.S. Supreme Court shocked the country by upholding the City of New London’s use of eminent domain to seize working class citizens’ homes and give the land to a private corporation for “high-end” commercial development. In response to Kelo, the U.S. House of Representatives has voted several times to restrict the use of eminent domain for economic development, and it did so again on Tuesday, approving the Private Property Rights Protection Act by acclamation.

Here’s how the bill is described in a press release from the office of one of its sponsors, Congressman Jim Sensenbrenner (WI-05):

The bill addresses the controversial Supreme Court decision in the 2005 case Kelo v. City of New London, which expanded the eminent domain power granted by the Fifth Amendment of the Constitution. In Kelo, the Court ruled that “economic development” can be justified as a “public use” under the Constitution’s Takings Clause.

To combat this expansion of power, H.R. 1689 would make any state or locality that uses the economic development justification for eminent domain ineligible from receiving federal economic development funds for two years. This creates a major incentive for governments to respect the private property rights of its citizens.

Additionally, the legislation bars the federal government from exercising eminent domain powers for the purposes of economic development.

This bill prohibits a state or political subdivision from exercising its power of eminent domain, or allowing the exercise of such power by delegation, over property to be used for economic development or over property that is used for economic development within seven years after that exercise, if the state or political subdivision receives federal economic development funds during any fiscal year in which the property is so used or intended to be used.

The bill also prohibits the federal government from exercising its power of eminent domain for economic development.

If enacted into law, the Private Property Rights Protection Act would be especially good new for North Carolinians. After the Kelo decision was handed down, most states took steps to restrict the use of eminent domain for commercial development. The measures adopted by Florida and Virginia are generally regarded as the best in the country, and–with the notable exception of North Carolina–all of the other states in the southeast have adopted highly effective protections against this form eminent domain abuse. North Carolina, however, has yet to do so. (For addition information see here, here, here, and here.)

Presumably North Carolina will eventually do something to restrict the use of eminent domain for economic development under state law, but until that happens the protection provided by Private Property Rights Protection Act would be very welcome. Unfortunately, all the previous versions passed by the House died in the Senate. Most likely this version will too, but we can hope, can’t we?