Private Property Rights Protection Act of 2005 - (Sec. 2) Prohibits any state or political subdivision from exercising its power of eminent domain for economic development if that state or political subdivision receives federal economic development funds during the fiscal year. (Defines "economic development" as taking private property and conveying or leasing it to a private entity for commercial enterprise carried on for profit or to increase tax revenue, the tax base, employment, or general economic health.) Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years. Provides that such a state or political subdivision is not ineligible for such funds if it returns all real property that was improperly taken and replaces or repairs any property that was destroyed or damaged.
(Sec. 3) Prohibits the federal government from exercising its power of eminent domain for economic development.
(Sec. 4) Establishes a private cause of action for any private property owner who suffers injury as a result of a violation of this Act. Provides that a state is not immune from any such action in a federal or state court. Places the burden on the defendant to show by clear and convincing evidence that the taking is not for economic development. Sets the statute of limitations for such an action at seven years. Allows the prevailing plaintiff's attorney to obtain reasonable attorney's fees and expert fees.
(Sec. 5) Requires the Attorney General to: (1) compile a list of the federal laws under which federal economic development funds are distributed; (2) provide to each state and publish on a Department of Justice website the text of this Act, a description of the rights of property owners under this Act, and the compiled list of relevant federal laws; and (3) publish such text and description in the Federal Register.
(Sec. 6) Requires the Attorney General to submit an annual report to the House and Senate Judiciary Committees identifying states or political subdivisions that have used eminent domain in violation of this Act, that have lost federal economic developments funds as a result, and/or that returned property to cure a violation.
(Sec. 7) Expresses the sense of Congress that: (1) the use of eminent domain for economic development is a threat to agricultural and other property in rural America; and (2) it is the policy of the United States to promote the private ownership of property and to protect the legal rights of private property owners.
(Sec. 13) Prohibits a state or political subdivision from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality if that state or political subdivision receives federal economic development funds during the fiscal year. Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years.
Prohibits the federal government from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality.
(Sec. 14) Requires the head of each executive department and agency to review all rules, regulations, and procedures and report to the Attorney General on their activities to comply with this Act.
(Sec. 15) Expresses the sense of Congress that all precautions should be taken to avoid the unfair or unreasonable taking of property from survivors of Hurricane Katrina for economic development or other private use.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4128 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4128
To protect private property rights.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 25, 2005
Mr. Sensenbrenner (for himself, Mr. Goodlatte, Mr. Conyers, Ms. Waters,
Mr. Bonilla, Ms. Herseth, Mr. DeLay, and Mr. Blunt) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect private property rights.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Property Rights Protection
Act of 2005''.
SEC. 2. PROHIBITION ON EMINENT DOMAIN ABUSE BY STATES.
(a) In General.--No State or political subdivision of a State shall
exercise its power of eminent domain, or allow the exercise of such
power by any person or entity to which such power has been delegated,
over property to be used for economic development or over property that
is subsequently used for economic development, if that State or
political subdivision receives Federal economic development funds
during any fiscal year in which it does so.
(b) Ineligibility for Federal Funds.--A violation of subsection (a)
by a State or political subdivision shall render such State or
political subdivision ineligible for any Federal economic development
funds for a period of 2 fiscal years following a final judgment on the
merits by a court of competent jurisdiction that such subsection has
been violated, and any Federal agency charged with distributing those
funds shall withhold them for such 2-year period, and any such funds
distributed to such State or political subdivision shall be returned or
reimbursed by such State or political subdivision to the appropriate
Federal agency or authority of the Federal Government, or component
thereof.
(c) Opportunity to Cure Violation.--A State or political
subdivision shall not be ineligible for any Federal economic
development funds under subsection (b) if such State or political
subdivision returns all real property the taking of which was found by
a court of competent jurisdiction to have constituted a violation of
subsection (a) and replaces any other property destroyed and repairs
any other property damaged as a result of such violation.
SEC. 3. PROHIBITION ON EMINENT DOMAIN ABUSE BY THE FEDERAL GOVERNMENT.
The Federal Government or any authority of the Federal Government
shall not exercise its power of eminent domain to be used for economic
development.
SEC. 4. PRIVATE RIGHT OF ACTION.
(a) Cause of Action.--Any owner of private property who suffers
injury as a result of a violation of any provision of this Act may
bring an action to enforce any provision of this Act in the appropriate
Federal or State court, and a State shall not be immune under the
eleventh amendment to the Constitution of the United States from any
such action in a Federal or State court of competent jurisdiction. Any
such property owner may also seek any appropriate relief through a
preliminary injunction or a temporary restraining order.
(b) Limitation on Bringing Action.--An action brought under this
Act may be brought if the property is used for economic development
following the conclusion of any condemnation proceedings condemning the
private property of such property owner, but shall not be brought later
than seven years following the conclusion of any such proceedings and
the subsequent use of such condemned property for economic development.
(c) Attorneys' Fee and Other Costs.--In any action or proceeding
under this Act, the court shall allow a prevailing plaintiff a
reasonable attorneys' fee as part of the costs, and include expert fees
as part of the attorneys' fee.
SEC. 5. NOTIFICATION BY ATTORNEY GENERAL.
(a) Notification to States and Political Subdivisions.--
(1) Not later than 30 days after the enactment of this Act,
the Attorney General shall provide to the chief executive
officer of each State the text of this Act and a description of
the rights of property owners under this Act.
(2) Not later than 120 days after the enactment of this
Act, the Attorney General shall compile a list of the Federal
laws under which Federal economic development funds are
distributed. The Attorney General shall compile annual
revisions of such list as necessary. Such list and any
successive revisions of such list shall be communicated by the
Attorney General to the chief executive officer of each State
and also made available on the Internet website maintained by
the United States Department of Justice for use by the public
and by the authorities in each State and political subdivisions
of each State empowered to take private property and convert it
to public use subject to just compensation for the taking.
(b) Notification to Property Owners.--Not later than 30 days after
the enactment of this Act, the Attorney General shall publish in the
Federal Register and make available on the Internet website maintained
by the United States Department of Justice a notice containing the text
of this Act and a description of the rights of property owners under
this Act.
SEC. 6. REPORT.
Not later than 1 year after the date of enactment of this Act, and
every subsequent year thereafter, the Attorney General shall transmit a
report identifying States or political subdivisions that have used
eminent domain in violation of this Act to the Chairman and Ranking
Member of the Committee on the Judiciary of the House of
Representatives and to the Chairman and Ranking Member of the Committee
on the Judiciary of the Senate. The report shall--
(1) identify all private rights of action brought as a
result of a State's or political subdivision's violation of
this Act;
(2) identify all States or political subdivisions that have
lost Federal economic development funds as a result of a
violation of this Act, as well as describe the type and amount
of Federal economic development funds lost in each State or
political subdivision and the Agency that is responsible for
withholding such funds; and
(3) discuss all instances in which a State or political
subdivision has cured a violation as described in section 2(c)
of this Act.
SEC. 7. SENSE OF CONGRESS REGARDING RURAL AMERICA.
(a) Findings.--The Congress finds the following:
(1) The founders realized the fundamental importance of
property rights when they codified the Takings Clause of the
Fifth Amendment to the Constitution, which requires that
private property shall not be taken ``for public use, without
just compensation''.
(2) Rural lands are unique in that they are not
traditionally considered high tax revenue-generating properties
for state and local governments. In addition, farmland and
forest land owners need to have long-term certainty regarding
their property rights in order to make the investment decisions
to commit land to these uses.
(3) Ownership rights in rural land are fundamental building
blocks for our Nation's agriculture industry, which continues
to be one of the most important economic sectors of our
economy.
(4) In the wake of the Supreme Court's decision in Kelo v.
City of New London, abuse of eminent domain is a threat to the
property rights of all private property owners, including rural
land owners.
(b) Sense of Congress.--It is the sense of Congress 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 economies, 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. Governments 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 property.
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 property, without the
consent of the owner, and conveying 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 general economic
health, except that such term shall not include--
(A) conveying private property to public ownership,
such as for a road, hospital, or military 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 provided 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 establishment 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
Federal 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 territory 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 adjudicated.
(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.
<all>
POSTPONED PROCEEDINGS - At the conclusion of debate on the Nadler amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Sensenbrenner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Nadler amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Sodrel amendment.
DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Moran (VA) amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Moran (VA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Sensenbrenner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Moran (VA) amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Turner amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Turner amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Turner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Turner amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Gary Miller amendment.
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DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Gingrey amendment.
DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Cuellar amendment.
DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson-Lee amendment.
DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Watt amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Watt amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Watt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Watt amendment until later in the legislative day.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4128.
The previous question was ordered pursuant to the rule. (consideration: CR H9604)
The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H9589-9590)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 376 - 38 (Roll no. 568).
Roll Call #568 (House)On passage Passed by the Yeas and Nays: 376 - 38 (Roll no. 568).
Roll Call #568 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.