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Piccola's Property Rights Protection Act to Benefit Homeowners
HARRISBURG -- Based
on a United States Supreme Court decision which stated lawmakers have the
authority to provide greater protection to property owners than what the court
is willing to provide, Senate Majority Whip Jeff Piccola (R-15) unveiled "The
Property Rights Protection Act" and shared today the support for his legislation
which promises to restore the traditional balance in eminent domain cases for
Pennsylvania.
In recent months, the Supreme
Court ruled that governments can seize property to make room for private
development projects that promise to boost the local economy. The court
supported the City of New London, Connecticut, which seized the homes of a
working class neighborhood to construct a riverfront hotel and office complex.
In the case of Kelo v. City of New London, the Supreme Court significantly
weakened property owners' rights.
"This case has sparked outrage
among many because it has significantly broadened what the courts will consider
a 'public use' with regard to eminent domain cases. Thus, the decision
adversely affects private property rights. That's why we need to protect these
rights -- the rights of Pennsylvania's property owners," said Piccola.
Piccola recently unveiled
Senate Bill 881 to address the court's decision regarding whether municipalities
can seize an individual's property and transfer it to private developers.
Specifically, his legislation will prohibit the use of eminent domain for
private businesses, reform and tighten the definition of blight to eliminate its
abuse, and require that properties representing the majority of a geographical
area meet the definition of blight before the area can be considered for
redevelopment purposes. Current case law only requires that 10 percent of an
area be blighted before being declared a redevelopment area.
"I recognize the need to
promote economic development in our communities. However, I don't support such
revitalization when it comes at the expense of property owners. The use of
eminent domain to destroy an established and unblighted neighborhood of homes
and small businesses to make way for shopping malls, office complexes, or other
private development is unfair and contrary to good public policy," Piccola
said.
During a press conference,
various special interest groups joined Piccola to applaud his efforts for
working to protect the rights of property owners in the Commonwealth. Among
those included Dana Berliner, Senior Attorney from the Institute for Justice,
the organization who represented Ms. Kelo before the Supreme Court. "Current
Pennsylvania law gives cities free rein to take homes and businesses for private
commercial development.
The Property Rights Protection
Act sponsored by Senator Piccola restores the rights of Pennsylvanians to
protect their property from the abuse of eminent domain. It leaves cities with
the tools to revitalize blighted neighborhoods, while preventing cities from
using eminent domain to take property for the benefit of other private parties.
It is one of the best eminent domain bills in the country, and the Pennsylvania
Legislature should be proud to make it the law of this state," she said.
The event also drew additional
supporters of Piccola's measure such as Matthew Brouillette, President of the
Commonwealth Foundation. "Senator Piccola has stepped into the gap for
Pennsylvania homeowners and job providers. The Property Rights Protection Act
isn't about eliminating the governmental power of eminent domain. Rather, the
bill means to limit eminent domain to its proper and intended use. We commend
Senator Piccola for putting citizens' property rights ahead of governmental
benefits and powerful special interests," he said.
Others present to advocate for
Piccola's Property Rights Protection Act included: National Federation of
Independent Businesses, Pennsylvania Builders Association, Pennsylvania Family
Institute, Pennsylvania Farm Bureau, Pennsylvania State Grange, Pennsylvania
Realtors Association, and the Pennsylvania Residential Owners Association.
"As Supreme Court Justice
Stevens mentioned in the majority opinion, states have the authority to pass
laws providing greater protection in eminent domain situations. Therefore, now
is the time for the Pennsylvania Legislature to step forward and protect the
rights of property owners by setting limits on when local governments can use
such power," said Piccola. "This reform will go a long way in preventing the
type of situation that occurred in the Kelo case," he added.
Piccola's legislation includes
26 cosponsors and is similar to House Bill 2054, sponsored by Representative
Glen Grell (R-87). Senate Majority Leader David "Chip" Brightbill (R-48) is
also introducing complimentary legislation, Senate Bill 897, which will update
and reform the existing eminent domain code.
  Piccola
Rafferty
Vance
Sen. Jeff Piccola, left, and Sen. John Rafferty, at
podium, appear at a news conference to introduce
"The Property Rights Protection Act," which
would restore the traditional balance in eminent domain cases for Pennsylvania.
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