With one eye on the World Series, I decided to take a look at Brad Miller’s voting record. Recent ‘no’ vote: the Private Property Reauthorization Act of 2006.
The bill will
simplify and expedite access to the Federal courts for injured parties whose rights and privileges under the United States Constitution have been deprived by final actions of Federal agencies or other government officials or entities acting under color of State law, and for other purposes.
What it will do, in plain language, depends on whom you ask. The New Jersey Eminent Domain Law Blog sums it up…..
The current legal regime that violates the right of Americans to bring Federal suits to enforce Federal rights itself is a violation of federalism principles……According to a Reuters report which appeared in the Washington Post, this bill would allow “homeowners and developers to bypass state and local courts to make federal constitutional claims to fight takings by eminent domain or to wage disputes over property use restrictions.” The bill is sponsored by Representative Steve Chabot (R-Ohio), who believes that homeowners might avoid costly and lengthy state court battles, pass GO, and head directly to the federal court system on constiutional issues. The legislation purports to level the playing field for small and middle class property owners and retirees, as well as small developers and middle class Americans with financial constraints……
As you can imagine, the League of Conservation Voters has a different view…..
H.R. 4772 would weaken local land use and environmental laws by making it easier for developers to sue state and local governments over these critically important protections. By encouraging developers to file costly “takings” litigation against local officials in federal court, this harmful bill would make it far more difficult for communities to protect open space and reduce pollution.
…as does the N.Y. Times:
The Private Property Rights Implementation Act would make it easier for developers challenging zoning decisions to bypass state courts and go to federal court, even if there was not a legitimate federal constitutional question. Zoning regulations are quintessentially local decisions. This bill would cast this tradition aside, and involve the federal government in issues like building density and lot sizes…..
….Zoning is not an attack on property rights. It is an important government function, and most Americans appreciate that it helps keep their own neighborhoods from becoming more crowded, polluted and dangerous. If more people knew the details of this bill, there would be wide opposition.
Something to think about between pitches.
