More On H.R. 4772 - Private Property Rights Implementation Act Of 2006

The US House of Representatives voted on September 29 and passed the onerous Private Property Rights Implementation Act of 2006 that a NYTimes editorial said will negate local zoning laws in favor of big developers by allowing developers to go directly to the Federal Court system when they are displeased with the zoning laws where they want to build. The vote in the House was 231 to 181. Our own Congressman Dent voted FOR it.

On October 2, the Washington Post published an in-depth look at how this "bait-and-switch" bill originated and what it really means. On the surface, it sounds like a good way to deal with eminent domain problems ""They bait you with eminent domain, but you end up voting to destroy all land-use regulation," said Elaine Clegg, a nonpartisan member of the city council in Boise, Idaho." (Washington Post 10/2/06)

A joint letter written by the National League of Cities, the United States Conference of Mayors, the National Association of Counties, the Council of State Governments, the International City Management Association, and the National Conference of State Legislatures was sent to the House Judiciary Subcommittee On The Constitution in June, urging the committee to reject the bill.

The committee did not reject the bill. It got to the House where it was passed. It is now in the Senate. Luckily the Senate is not in session until November 9 (after the elections). There is time to write to Senators Specter and (incumbent) Santorum as well as to Senate candidate Bob Casey. Tell them what you think of this bait-and-switch bill, H.R. 4772. Ask them how they will vote when it comes before the Senate.

While you are at it, if you haven’t already written to (incumbent) Congressman Dent, write now and let him know what you think of his vote on H. R. 4772. Write to challenger Dertinger, too. Find out how each candidate feels about this most important issue. And, don't forget to vote on November 7th!

Unmask the Private Property Rights Implementation Act of 2006 and show it for what it really is, a sham - a vehicle for large land owning developers to get the dwelling unit density they want in our town by taking away our right to control our zoning.

Must Read NY Times Editorial - H.R. 4772

On 9/29, the New York Times published a blockbuster editorial about an astounding bill before Congress. It's titled the Private Property Rights Implemention Act of 2006. According to the NYT, this Act gives developers the right to head straight to Federal court with zoning challenges, completely bypassing the State courts. Ultimately, local municipalities will be threatened (intimidated? overwhelmed?) with Federal lawsuits by developers when zoning is not to their liking.

Here in Forks, if this ill-named Act were now in place, there would be no Kings Mill (& partners) zoning challenge. In fact, we might not even know about it since it would go right over our local heads and directly to the Federal Court system. At least now, without the Private Property Rights Implementation Act of 2006, we can attend zoning hearings. There, we can see our government officials in action and testify with evidence to support our views. It's part of the democratic process. Heck, we even have our local officials' phone numbers and email addresses to use when we need them.

With this give-away of our rights Act, we would only be able to watch our town crumble into an over-crowded, unsightly, unfriendly mess.

Please contact our Congressman, Charles Dent to express opposition to H.R. 4772, the bill that eliminates local municipalities' rights to zone for the good of the community! It's a quality of life issue for sure.

Dent - Washington DC Office
502 Cannon House Office Building

Washington, DC 20515

phone: 202-225-6411

fax: 202-226-0778

Dent - Lehigh Valley Office

701 West Broad Street, Suite 200

Bethlehem, PA 18018

phone: 610-861-9734

toll-free: 866-861-2624

fax: 610-861-9308

The bill was received in the Senate September 30, 2006:

H.R.4772 Title: To simplify and expedite access to the Federal courts for injured parties whose rights and privileges under the United States Constitution have been deprived by final actions of Federal agencies or other government officials or entities acting under color of State law, and for other purposes.

Sponsor: Rep Chabot, Steve [OH-1] (introduced 2/16/2006) Cosponsors (36)

Related Bills: H.RES.1047, H.RES.1054

Latest Major Action: 9/30/2006 Received in the Senate.

House Reports: 109-658

It's important that Congressman Dent knows how you feel!