SUMMARY OF AMENDMENTS SUBMITTED TO THE RULES COMMITTEE ON
H.R. 4128 - PRIVATE PROPERTY RIGHTS PROTECTION ACT OF 2005

(in alphabetical order)

SUMMARY OF AMENDMENTS

(summaries derived from information provided by sponsors)

Cuellar #9
Ensures that all Federal agencies review their regulations and procedures for compliance with this Act. Requires a report to the Attorney General.

Flake #14
Prohibits a State or political subdivision from receiving Federal economic development funds if that State or political subdivision exercises eminent domain over property to be used for a public use or over property that is subsequently used for a public use, and does not reasonably reimburse the private property owner for legal fees incurred by the owner of the property taken in defense against the taking or in connection with compensation proceedings or associated settlement negotiations. WITHDRAWN

Gingrey #1
WITHDRAWN

Gingrey #2
Adds a new section to prohibit a State or political subdivision of a State from the exercise of eminent domain over the property of a religious or other nonprofit organization by reason of the nonprofit or tax-exempt status of such organization if that State or political subdivision received Federal economic development funds during any fiscal year in which it does so. This amendment also places the same prohibition on the Federal government. A violation of this provision will render the State or political subdivision ineligible to receive Federal economic development funds for a period of 2 fiscal years.

Granger #4
Strikes language in section 2, lines 12 and 13, which would prevent excess land from a completed public project from being put back on the tax rolls.

Jackson-Lee #12
Sense of Congress that expresses the legislative intent to protect property owned, either by assignment, intestate succession, or by record, by survivors of Hurricane Katrina from the taking by the Federal government for economic development or for private use.

Mack #7
Requires a Federal agency to compensate a property owner when the agency’s action or regulation diminishes the value of the property by 20% or more. Creates a procedure and framework to provide compensation to the private property owner, as follows: (1) requires that the agency to provide notice to the property owner of the action; (2) requires that within 180 days of the notice by the agency, the owner must give notice, with a valid appraisal, to the agency that the owner’s property was substantially impacted by the regulation; and (3) allows the agency and the property owner to reach an agreement regarding compensation. If no such agreement is reached within 180 days of the owner’s written request, then the owner may choose to seek binding arbitration or compensation through a civil lawsuit.

Miller, Gary (CA)/Johnson, Eddie Bernice (TX) #8
Adds language to specify that the term economic development in the bill does not include the redevelopment of brownfield sites. Uses the definition of brownfield site included in the Small Business Liability Relief and Brownfield Revitalization Act.

Moran (VA) #3
Clarifies the property conveyance for the definition of “economic development,” specifies that increasing tax revenue must be the “primary purpose” of the taking authority, and sets a hard date of seven years that property holders can bring action against the taking authority. Also makes a number of technical corrections.

Nadler #15
Allows a property owner to go to court before the property is taken in order to obtain declaratory or injunctive relief if the taking violates the Act. The bill currently only allows a property owner to obtain a preliminary injunction or temporary restraining order, and does not allow the property owner to bring an action until after the conclusion of the condemnation proceedings. The amendment would also strike the penalties portion of the bill. LATE

Sensenbrenner #5
Manager’s Amendment. Makes clear that private roads that are open to the public, free or by toll, and flood control facilities, are covered under the exceptions to the bill. Also includes a savings clause making clear that nothing in the legislation shall be construed to affect the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (which requires the Federal government to pay the displacement costs of those adversely affected by the Federal government’s exercise of eminent domain). Also incorporates into the bill’s Sense of Congress section some language provided by the Resources Committee regarding the effect of the abuse of eminent domain on irrigation and reclamation projects, and on public lands.

Sodrel #10
Clarifies that in any proceeding to prevent or remedy a taking, that the burden is on the state or agency to show that it is not for economic development as defined in the Act. Also requires a heightened standard of proof—clear and convincing—that the use fits one of the exceptions to economic development as defined in the Act.

Sodrel #11
Clarifies that, before an owner is dispossessed by a completed condemnation, a Court can stop a taking by injunction, temporary restraining order, stay, or any other appropriate relief (except money damages). WITHDRAWN

Turner #6
EEnumerates several harmful uses of land which constitute a threat to public health and safety (i.e. dilapidation, obsolescence, overcrowding, lack of ventilation, light, and sanitary facilities, excessive land coverage, deleterious land use, obsolete subdivisions or constitutes a brownfield). REVISED

Watt #13
Deletes all sections of the bill and retains only the sense of Congress recognizing the importance of property rights and that in the aftermath of the Kelo decision that abuses of eminent domain power may occur.

 

* Summaries derived from information submitted by the amendment sponsors.