05-R 395

2005 -- S 1237

Enacted 07/15/05

 

S E N A T E R E S O L U T I O N

MEMORIALIZING THE UNITED STATES CONGRESS TO AMEND THE CONSTITUTION IN LIEU OF THE RECENT SUPREME COURT DECISION ON EMINENT DOMAIN

     

     

     Introduced By: Senators Sheehan, Roberts, Tassoni, Lenihan, and Paiva-Weed

     Date Introduced: July 15, 2005

 

 

 

     WHEREAS, On June 23, 2005 the United States Supreme Court, in Kelo et al v. City of

New London, severely weakened the property rights of the average property owner by upholding

a lower court’s ruling that local government can take property by eminent domain for private

commercial development purposes; and

     WHEREAS, The great “American Dream” is based on every citizen’s right to life, liberty

and the pursuit of happiness. Included in these inalienable rights is the prerogative of a private

citizen to own property; and

     WHEREAS, The right to property ownership was guaranteed by our founding fathers

centuries ago in the United States Constitution, and although the 5th Amendment to the

Constitution provides local states with the power to take private property by eminent domain, the

purpose, previous to this court ruling, was that land taken by eminent domain had to be for

“public use”; and

     WHEREAS, The Supreme Court’s ruling favors rich corporation’s commercial

development for profit at the expense of family and privately owned property rights and has

virtually erased the previous limits on the use of eminent domain; now, therefore be it

     RESOLVED, That this Senate of the State of Rhode Island and Providence Plantations

hereby solidly supports the restoration of property owner’s rights by all state legislatures, through

legislation and/or Constitutional amendment; and be it further

     RESOLVED, That this Senate hereby urges the United States Congress to restore

property owners rights through legislation and/or Constitutional amendment; and be it further

     RESOLVED, That the Secretary of State be and he hereby is authorized and directed to

transmit duly certified copies of this resolution to the Rhode Island Congressional delegation.

     

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LC03699

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