A HOUSE RESOLUTION Expressing disagreement with the majority opinion of the united states supreme court decision in the recent eminent domain decision.
Whereas, historically, the takings clause of the Fifth Amendment of the United States Constitution has been interpreted to allow governments to seize private property through eminent domain if the property is for the public use and the property owner is justly compensated; and
Whereas, in the case of Kelo v. City of New London, the United States Supreme Court ruled in a 5‑4 decision that the City of New London, Connecticut, may condemn the homes and businesses of residents to increase the city's tax revenue and to achieve the city's economic development purposes; and
Whereas, all levels of government should protect the rights of individuals over large corporations and development firms who typically have disproportionate influence and power in the political process; and
Whereas, all levels of government should limit their use of the power of eminent domain for projects and purposes that serve the public good as intended by the Fifth Amendment of the United States Constitution; and
Whereas, all levels of government must give just compensation to individuals whose property is taken through eminent domain; and
Whereas, the exercise of eminent domain by state or local governments that do not comply with the intent of the Fifth Amendment of the United States Constitution constitutes a grave abuse of government power and usurps individual property rights; Now, therefore,
Be it resolved by the House of Representatives:
SECTION 1.  The House of Representatives strongly disagrees with the majority opinion in Kelo v. City of New London and supports the rights of property owners granted in the Fifth Amendment of the United States Constitution.
SECTION 2.  The Principal Clerk shall send a certified copy of this resolution to the North Carolina Congressional Delegation, the President of the United States Senate, and the Speaker of the United States House of Representatives.
SECTION 3.  This resolution is effective upon adoption.