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Last week all seven of North Carolina's Republican Members of Congress acted to protect personal property rights by voting for H.R. 4128, the “Protection of Homes, Small Businesses and Private Property Act of 2005.” This bill, which passed 376 to 38, will cut federal funding for municipal governments that use eminent domain for commercial business development.

The Republican-lead House was driven to take action following last summer’s ludicrous U.S. Supreme Court Ruling in Kelo v. New London. The High Court ruled that government may seize personal property if it believes it is in the best interest of commercial business development. With that decision, Susette Kelo and 15 of her neighbors lost their homes to a hotel and other business developments. One resident forced to sell her home had been born there in 1918.

“Stripping law-abiding citizens of their property rights in order to help promote commercial development is unconscionable,” said Congresswoman Virginia Foxx, who represents North Carolina's Fifth District. “This is not what our Founding Fathers intended when they wrote the Fifth Amendment. The concept of eminent domain used to mean that government could purchase property for highways, utilities and other public infrastructure – but not shopping malls, swimming pools and amusement parks.”

Rep. Sue Myrick (NC-9) agreed, saying "The Supreme Court’s ruling in this case was dead wrong. This bill makes sure the federal government doesn’t give a penny to local governments if they steal private property based on this ruling. It’s time to get back to common sense policies, and this bill is a large step in that direction.”

"I feel strongly about private property rights just as my constituents do, and I will fight to protect them," said Congressman Patrick McHenry, who represents North Carolina's Tenth Congressional District. "This bill is a good step forward in protecting homeowners from greedy government land grabs."

Under H.R. 4128, federal funds would be denied to states or localities that abuse their power by using “economic development” as the reason for seizing private property. The bill also allows those affected by this type of seizure to have access to federal or state court.

“The protection of our homes, small businesses and other private property against government seizure is one of the fundamental principles upon which our country was founded,” Rep. Foxx said. “If the highest court in our land will not protect this right, then it is up to this Congress to do so.”

"What few realize is that tax revenues were being used as a benchmark," added Congressman McHenry. "There was nothing keeping a shopping center from going to court to knock down a church - and I believe that's wrong."