(3) Ownership rights in rural land are funda-
mental building blocks for our Nation’s agriculture 
industry, which continues to be one of the most im-
portant economic sectors of our economy. 
(4) In the wake of the Supreme Court’s deci-
sion in Kelo v. City of New London, abuse of emi-
nent domain is a threat to the property rights of all 
private property owners, including rural land own-
ers. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the use of eminent domain for the purpose of 
economic development is a threat to agricultural and other 
property in rural America and that the Congress should 
protect the property rights of Americans, including those 
who reside in rural areas. Property rights are central to 
liberty in this country and to our economy. The use of 
eminent domain to take farmland and other rural property 
for economic development threatens liberty, rural econo-
mies, and the economy of the United States. Americans 
should not have to fear the government’s taking their 
homes, farms, or businesses to give to other persons. Gov-
ernments should not abuse the power of eminent domain 
to force rural property owners from their land in order 
to develop rural land into industrial and commercial prop-
erty. Congress has a duty to protect the property rights 
of rural Americans in the face of eminent domain abuse. 
SEC. 8. DEFINITIONS. 
In this Act the following definitions apply: 
(1) 
ECONOMIC
DEVELOPMENT.—The 
term 
‘‘economic development’’ means taking private prop-
erty, without the consent of the owner, and con-
veying or leasing such property from one private 
person or entity to another private person or entity 
for commercial enterprise carried on for profit, or to 
increase tax revenue, tax base, employment, or gen-
eral economic health, except that such term shall not 
include— 
(A) conveying private property to public 
ownership, such as for a road, hospital, or mili-
tary base, or to an entity, such as a common 
carrier, that makes the property available for 
use by the general public as of right, such as 
a railroad, public utility, or public facility, or 
for use as a right of way, aqueduct, pipeline, or 
similar use; 
(B) removing harmful uses of land pro-
vided such uses constitute an immediate threat 
to public health and safety;
(C) leasing property to a private person or 
entity that occupies an incidental part of public 
property or a public facility, such as a retail es-
tablishment on the ground floor of a public 
building; 
(D) acquiring abandoned property; and 
(E) clearing defective chains of title. 
(2) 
FEDERAL
ECONOMIC
DEVELOPMENT 
FUNDS.—The term ‘‘Federal economic development 
funds’’ means any Federal funds distributed to 
States or political subdivisions of States under Fed-
eral laws designed to improve or increase the size of 
the economies of States or political subdivisions of 
States. 
(3) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, or any other terri-
tory or possession of the United States. 
SEC. 9. SEVERABILITY AND EFFECTIVE DATE. 
(a) SEVERABILITY.—The provisions of this Act are 
severable. If any provision of this Act, or any application 
thereof, is found unconstitutional, that finding shall not 
affect any provision or application of the Act not so adju-
dicated.
(b) EFFECTIVE DATE.—This Act shall take effect 
upon the first day of the first fiscal year that begins after 
the date of the enactment of this Act, but shall not apply 
to any project for which condemnation proceedings have 
been initiated prior to the date of enactment. 
Æ