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H.Res.340 / 109th Congress

Expressing the grave disapproval of the House of Representatives regarding the majority opinion of the Supreme Court in the case of Kelo et al. v. City of New London et al. that nullifies the protections afforded private property owners in the Takings Clause of the Fifth Amendment.

Motion to reconsider laid on the table Agreed to without objection.

Official summary

Version 81 · Passed House without amendment · Jun 30, 2005

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Expresses disagreement with the majority opinion in Kelo et al. v. City of New London et al. (Kelo) and its holdings that effectively negate the public use requirement of the takings clause of the Fifth Amendment to the U.S. Constitution.

Expresses the sense of the House of Representatives that state and local governments: (1) should only execute the power of eminent domain for the public good; (2) must always justly compensate affected individuals in accordance with the Fifth Amendment; (3) should never use eminent domain to advantage one private party over another; and (4) should not construe Kelo as justification to abuse the power of eminent domain.

Reserves to Congress the right to address through legislation any abuses of eminent domain by state and local government in light of Kelo.

Read the summary on Congress.gov
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Who introduced it

Rep. Gingrey, Phil [R-GA-11] · R–GA

Committees

  • Judiciary Committee
78 cosponsorship records, including any withdrawals

Actions

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  1. Motion to reconsider laid on the table Agreed to without objection.

  2. On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 365 - 33, 18 Present (Roll no. 361). (text as passed House: CR H5577)

    House roll call 361 · Individual votes
  3. Passed/agreed to in House: On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 365 - 33, 18 Present (Roll no. 361).(text as passed House: CR H5577)

    House roll call 361 · Individual votes
  4. Considered as unfinished business. (consideration: CR H5592-5593)

  5. At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

  6. FURTHER DEBATE - By unanimous consent, the House proceeded with an additional 12 minutes of debate to be equally divided and controlled.

  7. DEBATE - The House proceeded with forty minutes of debate on H. Res. 340.

  8. Considered under suspension of the rules. (consideration: CR H5577-5585)

  9. Mr. Sensenbrenner moved to suspend the rules and agree to the resolution.

  10. Sponsor introductory remarks on measure. (CR H5370)

  11. Referred to the House Committee on the Judiciary.

  12. Introduced in House

  13. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

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Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.

Explore the bill from different angles

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Neutral evidence review

Objective

Analyze H.Res.340 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.Res.340 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

Examine H.Res.340 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

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Individual rights and government power

Liberty lens

Examine H.Res.340 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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