Bill of the Month — December 2023: Defense of Property Rights Act

Taxpayers Protection Alliance’s Bill of the Month for November 2023 is H.R. 6785, the Defense of Property Rights Act, introduced by Rep. Nick Langworthy (R-N.Y.).

Background:

Derived from English philosopher John Locke’s Second Treatise of Government (1689), the Fifth Amendment to the U.S. Constitution protects citizens from being “deprived of life, liberty, or property, without due process of law.”

For many years, this right has been encroached on through the courts and in executive branch rulemaking. For example, the 2005 Supreme Court case, Kelo v. City of New London, essentially removed the “public use” clause from the 5^th Amendment, allowing government to seize the property of one private property owner on behalf of another private entity.

Defense of Property Rights Act:

Rep. Langworthy’s Defense of Property Rights Act would compensate Americans when government action negative effects the value of the property, specifically setting impairment compensation at the lesser of $20,000 or 20 percent of the property value. To ensure citizens’ ability to challenge harmful government moves, H.R. 6758 also gives landowners standing to challenge public purpose claims in U.S. District Court or the U.S. Court of Federal Claims.

Property is an essential right enshrined in the Constitution and attempts by the judicial and executive branches to erode it should be met with equal fervor from Congress. It is for these reasons (and others) that TPA is pleased to make the Defense of Property Rights Act, introduced by Rep. Nick Langworthy, its Bill of the Month for December 2023.