(This measure has not been amended since it was reported to the House on September 14, 2006. The summary of that version is repeated here.)
Private Property Rights Implementation Act of 2006 - (Sec. 2) Amends the federal judicial code to provide that, whenever a district court exercises jurisdiction in civil rights cases in which the operative facts concern the uses of real property, it shall not abstain from exercising such jurisdiction, or relinquish it to a state court, if the party seeking redress does not allege a violation of a state law, right, or privilege, and no parallel proceeding is pending in state court, at the time the action is filed in the district court, that arises out of the same operative facts as the district court proceeding.
Declares that in an action in which operative facts concern the uses of real property, the district court shall exercise jurisdiction even if the party seeking redress does not pursue judicial remedies provided by a state or territory. Provides for referral of an unsettled question of state law to the state's highest appellate court. Prohibits the district court from certifying a question of state law unless it is necessary to resolve the merits of the injured party's federal claim, and such question is patently unclear.
Declares that any claim or action to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any law, regulation, custom, or usage of any state or U.S. territory that causes actual and concrete injury to the party seeking redress.
(Sec. 3) Declares that any claim founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States which causes actual and concrete injury to the party seeking redress.
(Sec. 5) Amends the Revised Statutes of the United States with respect to certain Constitutional property rights claims.
(Sec. 6) Provides for the liability of the United States for certain claims, brought under U.S. district court jurisdiction or Court of Federal Claims jurisdiction, where the claim is founded upon a property right or privilege secured by the Constitution.
Makes the United States liable for a claim where an executive agency has permitted or authorized uses of real property subject to conditions or exactions, if any such condition or exaction, whether legislative or adjudicatory in nature, including the payment of a monetary fee or a dedication of real property from the injured party, is unconstitutional.
Declares that whenever a claim against an executive agency concerns a subdivision of real property pursuant to any state or territorial law, regulation, custom, or usage, then it shall be decided with reference to each subdivided lot, regardless of ownership, if such a lot is taxed, or otherwise treated and recognized by the state or territory, as an individual property unit.
States that, if a claim alleges deprivation of substantive due process, the United States shall be judged as to whether its action is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
(Sec. 7) Requires a federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4772 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4772
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 16, 2006
Mr. Chabot (for himself, Mr. Gordon, Mr. Gallegly, Mr. Flake, Mr.
Sensenbrenner, Mr. Boyd, Mr. Feeney, and Mr. Pombo) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
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
Implementation Act of 2005''.
SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES CONCERNING REAL PROPERTY.
Section 1343 of title 28, United States Code, is amended by adding
at the end the following:
``(c) Whenever a district court exercises jurisdiction under
subsection (a) in an action in which the operative facts concern the
uses of real property, it shall not abstain from exercising or
relinquish its jurisdiction to a State court if the party seeking
redress does not allege a violation of a State law, right, or
privilege, and no parallel proceeding is pending in State court that
arises out of the same operative facts as the district court
proceeding.
``(d) In an action in which the operative facts concern the uses of
real property, the district court shall exercise jurisdiction under
subsection (a) even if the party seeking redress does not pursue
judicial remedies provided by a State or territory of the United
States.
``(e) If the district court has jurisdiction over an action under
subsection (a) in which the operative facts concern the uses of real
property and which cannot be decided without resolution of an unsettled
question of State law, the district court may certify the question of
State law to the highest appellate court of that State. After the State
appellate court resolves the question so certified, the district court
shall proceed with resolving the merits. The district court shall not
certify a question of State law under this subsection unless the
question of State law--
``(1) is necessary to resolve the merits of the Federal
claim of the injured party; and
``(2) is patently unclear.
``(f)(1) Any claim or action brought under section 1979 of the
Revised Statutes of the United States (42 U.S.C. 1983) to redress the
deprivation of a property right or privilege secured by the
Constitution shall be ripe for adjudication by the district courts upon
a final decision rendered by any person acting under color of any
statute, ordinance, regulation, custom, or usage, of any State or
territory of the United States, which causes actual and concrete injury
to the party seeking redress.
``(2) For purposes of this subsection, a final decision exists if--
``(A) any person acting under color of any statute,
ordinance, regulation, custom, or usage, of any State or
territory of the United States, makes a definitive decision
regarding the extent of permissible uses on the property that
has been allegedly infringed or taken, without regard to any
uses that may be permitted elsewhere; and
``(B) one meaningful application to use the property has
been submitted but denied, and the party seeking redress has
applied for but is denied one waiver and one appeal, if the
applicable statute, ordinance, regulation, custom, or usage
provides a mechanism for waiver by or appeal to an
administrative agency.
The party seeking redress shall not be required to apply for a waiver
or appeal described in subparagraph (B) if such waiver or appeal is
unavailable or can not provide the relief requested, or if pursuit of
such a mechanism would otherwise be futile.''.
SEC. 3. UNITED STATES AS DEFENDANT.
Section 1346 of title 28, United States Code, is amended by adding
at the end the following:
``(h)(1) Any claim brought under subsection (a) that is founded
upon a property right or privilege secured by the Constitution, but was
allegedly infringed or taken by the United States, shall be ripe for
adjudication upon a final decision rendered by the United States, which
causes actual and concrete injury to the party seeking redress.
``(2) For purposes of this subsection, a final decision exists if--
``(A) the United States makes a definitive decision
regarding the extent of permissible uses on the property that
has been allegedly infringed or taken, without regard to any
uses that may be permitted elsewhere; and
``(B) one meaningful application to use the property has
been submitted but denied, and the party seeking redress has
applied for but is denied one waiver and one appeal, if the
applicable law of the United States provides a mechanism for
waiver by or appeal to an administrative agency.
The party seeking redress shall not be required to apply for a waiver
or appeal described in subparagraph (B) if such waiver or appeal is
unavailable or can not provide the relief requested, or if pursuit of
such a mechanism would otherwise be futile.''.
SEC. 4. JURISDICTION OF COURT OF FEDERAL CLAIMS.
Section 1491(a) of title 28, United States Code, is amended by
adding at the end the following:
``(3) Any claim brought under this subsection founded upon
a property right or privilege secured by the Constitution, but
allegedly infringed or taken by the United States, shall be
ripe for adjudication upon a final decision rendered by the
United States, that causes actual and concrete injury to the
party seeking redress. For purposes of this paragraph, a final
decision exists if--
``(A) the United States makes a definitive decision
regarding the extent of permissible uses on the
property that has been allegedly infringed or taken,
without regard to any uses that may be permitted
elsewhere; and
``(B) one meaningful application to use the
property has been submitted but denied, and the party
seeking redress has applied for but is denied one
waiver and one appeal, if the applicable statute,
ordinance, regulation, custom, or usage provides a
mechanism for waiver by or appeal to an administrative
agency.
The party seeking redress shall not be required to apply for a
waiver or appeal described in subparagraph (B) if such waiver
or appeal is unavailable or can not provide the relief
requested, or if pursuit of such a mechanism would otherwise be
futile.''.
SEC. 5. CLARIFICATION FOR CERTAIN CONSTITUTIONAL PROPERTY RIGHTS
CLAIMS.
Section 1979 of the Revised Statutes of the United States (42
U.S.C. 1983) is amended by adding at the end the following: ``If the
party injured seeks to redress the deprivation of a property right or
privilege under this section that is secured by the Constitution by
asserting a claim that concerns--
``(1) an approval to develop real property that is subject
to conditions or exactions, then the person acting under color
of State law is liable if any such condition or exaction,
whether legislative or adjudicatory in nature, including but
not limited to the payment of a monetary fee or a dedication of
real property from the injured party, is unconstitutional;
``(2) a subdivision of real property pursuant to any
statute, ordinance, regulation, custom, or usage of any State
or territory, or the District of Columbia, then such a claim
shall be decided with reference to each subdivided lot,
regardless of ownership, if such a lot is taxed, or is
otherwise treated and recognized, as an individual property
unit by the State, territory, or the District of Columbia; or
``(3) alleged deprivation of substantive due process, then
the action of the person acting under color of State law shall
be judged as to whether it is arbitrary, capricious, an abuse
of discretion, or otherwise not in accordance with law.
For purposes of the preceding sentence, `State law' includes any law of
the District of Columbia or of any territory of the United States.''.
SEC. 6. DUTY OF NOTICE TO OWNERS.
(a) In General.--Whenever a Federal agency takes an agency action
limiting the use of private property that may be affected by the
amendments by this Act, the agency shall, not later than 30 days after
the agency takes that action, give notice to the owners of that
property explaining their rights under such amendments and the
procedures for obtaining any compensation that may be due them under
such amendments.
(b) Definitions.--For purposes of subsection (a)--
(1) the term ``Federal agency'' means ``agency'', as that
term is defined in section 552(f) of title 5, United States
Code; and
(2) the term ``agency action'' has the meaning given that
term in section 551 of title 5, United States Code.
SEC. 7. SEVERABILITY AND EFFECTIVE DATE.
(a) Severability.--If any provision of this Act or the amendments
made by this Act or the application thereof to any person or
circumstance is held invalid, the remainder of this Act, the amendments
made by this Act, or the application thereof to other persons not
similarly situated or to other circumstances shall not be affected by
such invalidation.
(b) Effective Date.--The amendments made by this Act shall apply to
actions commenced on or after the date of the enactment of this Act.
<all>
Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H6965-6971, H6993; text of measure as introduced: CR H6965-6966)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4772.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H7370)
Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 234 - 172 (Roll no. 477).
Roll Call #477 (House)On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 234 - 172 (Roll no. 477).
Roll Call #477 (House)Motion to reconsider laid on the table Agreed to without objection.
Rules Committee Resolution H. Res. 1047 Reported to House. Rule provides for consideration of H.R. 4772 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted.
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Considered under the provisions of rule H. Res. 1047. (consideration: CR H7916-7925, H7990-7991)
Rule provides for consideration of H.R. 4772 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted.
DEBATE - The House proceeded with one hour of debate on H.R. 4772.
DEBATE - The House resumed debate on H.R. 4772.
The previous question was ordered pursuant to the rule. (consideration: CR H7925)
POSTPONED PROCEEDINGS - The Chair put the question on adoption of the bill H.R. 4772 and announced that by voice vote, the ayes had prevailed. Mr. Nadler demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of H.R. 4772 until later in the legislative day.
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 231 - 181 (Roll no. 511).(text: CR H7916-7917)
Roll Call #511 (House)On passage Passed by the Yeas and Nays: 231 - 181 (Roll no. 511). (text: CR H7916-7917)
Roll Call #511 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on the Judiciary.