Hatch seeks to shield private-property owners

A recent U.S. Supreme Court ruling that expanded the authority of governments to seize private property has Republican Sen. Orrin Hatch looking to his home state of Utah as a model for federal legislation expanding the rights of private-property owners.

"I found this (court ruling) decision alarming, to say the least," Hatch said. "But . . . the court's decision does not prohibit legislatively enacted limits on the exercise of the takings power, nor does it prohibit the legislation I am proposing today, which would grant new powers and resources to property owners who are targeted by federal eminent-domain actions."

On Tuesday, Hatch and Sen. Max Baucus, D-Mont., introduced the Empowering More Property Owners with Enhanced Rights Act of 2005, or the EMPOWER Act, that is modeled after an eight-year-old Utah law that established a state ombudsman to protect private-property rights in eminent-domain cases and land disputes with state agencies.

"The job of the ombudsman in Utah is not to change the law and not to tip the balance in favor of property owners," said Craig Call, Utah's Property Rights ombudsman, who attended the Washington, D.C., press conference announcing the legislation. "My job is to provide a reasonable, balanced inquiry into questions citizens may have and offer mediation and arbitration in their behalf. My goal is to ensure that they are treated fairly in this process."

The federal legislation would create a federal "Property Owner's Bill of Rights" and would also establish an office of a national property rights ombudsman.

"This bill is for anyone whose home is threatened by federal action," Hatch said, adding the legislation "won't solve all problems, but it will go a long way to creating a level playing field for people who might lose their homes."

Added Baucus, the bill is a "good start to making sure that private-property owners aren't taken advantage of by the federal government. It will give Americans a stronger voice and more options in eminent-domain decisions."

Hatch's bill follows June's Supreme Court decision in Kelo v. New London, which gave constitutional sanction to governments seeking to take private property.

In addition to a property owners' bill of rights and a national private-property ombudsman, Hatch's bill would also:

• Require the head of federal agencies acquiring property to make reasonable efforts to negotiate and inform property owners of their rights.

• Empower the ombudsman to order arbitration proceedings as if it were ordered by a court.

• Grant legal standing to the ombudsman in eminent-domain proceedings to seek legal stays during pending arbitration or mediation.