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House bill counters high court on seizing property

Associated Press
Published November 4, 2005


WASHINGTON - Saying the Supreme Court has undermined a pillar of American society, the sanctity of the home, the House overwhelmingly approved a bill Thursday to block the court-approved seizure of private property for use by developers.

The bill, passed 376-38, would withhold federal money from state and local governments that use powers of eminent domain to force businesses and homeowners to give up their property for commercial uses.

The Supreme Court, in a 5-4 ruling in June, recognized the power of local governments to seize property needed for private development projects that generate tax revenue. The decision drew criticism from private property, civil rights, farm and religious groups that said it was an abuse of the Fifth Amendment's "takings clause." That language provides for the taking of private property, with fair compensation, for public use.

The ruling in Kelo vs. City of New London allowed the Connecticut city to exercise state eminent domain law to require several homeowners to cede their property for commercial use.

The bill now moves to the Senate, where Sen. John Cornyn, R-Texas, has introduced companion legislation.

GOP judge withdraws from DeLay case

A new judge was selected to preside over Rep. Tom DeLay's conspiracy and money laundering trial Thursday, after another judge became the second to step away from involvement in the case because of political contributions he has made.

Administrative Judge B.B. Schraub, a Republican who was to have selected the judge for the case, withdrew after Travis County District Attorney Ronnie Earle filed a request to have him removed. Two days earlier, District Judge Bob Perkins was removed from the case at DeLay's request because of his contributions to Democrats.

Schraub asked Texas Supreme Court Chief Justice Wallace Jefferson to name a judge to preside over DeLay's trial. Jefferson selected semiretired Senior Judge Pat Priest of San Antonio, a Democrat.

Earle, however, filed a motion requesting Jefferson be removed from the case.

Ali, Greenspan highlight Medal of Freedom list

WASHINGTON - President Bush on Thursday announced the recipients of this year's Presidential Medal of Freedom, the nation's highest civil award.

Among those to be honored at a White House ceremony on Wednesday:

Three-time heavyweight boxing champion Muhammad Ali.

Actor and comedian Carol Burnett.

Singer Aretha Franklin.

Federal Reserve chairman Alan Greenspan.

Actor Andy Griffith.

Radio personality Paul Harvey. Former Joint Chiefs of Staff chairman Gen. Richard Myers.

Golfer Jack Nicklaus.

Baseball Hall of Famer Frank Robinson.

[Last modified November 4, 2005, 01:42:07]


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