The Iowa Senate

State of Iowa

Eighty-First General Assembly

STATEHOUSE

Des Moines, Iowa 50319

For Immediate Release Contact: Kimberly Steenhoek

Tuesday, Feb. 28, 2006 (515) 281-6571

Senator McKinley Meets with National Expert on Private Property Rights Legislation

DES MOINES – State Sen. Paul McKinley (R-Chariton) met with national property rights expert Scott Bullock this week at the Statehouse. Bullock is the senior attorney with the Institute for Justice and argued the landmark private property rights case, Kelo v. City of New London, one of the most controversial U.S. Supreme Court decisions in years.

Bullock was at the Statehouse this week to testify before the Senate Judiciary Committee about the court decision, which allows economic development to be considered “public use” for private property condemnation. The decision has been championed as a boost for local governments that seek to condemn land for economic development purposes.

McKinley is sponsoring legislation, SF 2046, to protect private property owners by restricting the use of eminent domain. The bill tightens restrictions on how land can be condemned by local governments for public purposes and specifies that private economic development activities do not constitute public use. It also enhances notification requirements when local governments begin eminent domain proceedings.

“I believe it is a fundamental principle that private property should not be taken for another private use,” said McKinley. “Landowners should have the right to decide for themselves whether to sell their property without pressure from the government.”

Earlier this year, the House voted 83-15 in favor of legislation, HF 2351, to restrict the use of eminent domain.

McKinley said he is hopeful that similar legislation will be approved with bipartisan support in the Senate.

“The Legislature needs to take action to ensure the rights of private property owners are protected,” he said.

###