Strengthening the Ownership of Private Property Act of 2009 or STOPP Act of 2009 - Prohibits federal financial assistance under defined federal economic development programs to a state or local government entity that: (1) uses the power of eminent domain to take property from a private entity and transfer ownership to another private entity; or (2) fails to provide, to any person displaced by the use of eminent domain for any economic development purpose, relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Excepts from the first clause property taken for: (1) use by a public utility; (2) a road open to the public or common carriers; (3) an aqueduct, pipeline, or similar use; (4) a prison or hospital; or (5) any use during and in relation to a national emergency or national disaster declared by the President.
Provides a private right of action for the owner of any real property taken by conduct prohibited under this Act.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4288 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4288
To prohibit the provision of Federal economic development assistance
for any State or locality that uses the power of eminent domain power
to obtain property for private commercial development or that fails to
pay relocation costs to persons displaced by use of the power of
eminent domain for economic development purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 11, 2009
Ms. Herseth Sandlin (for herself, Mr. Goodlatte, Mr. Boyd, Mr. Smith of
Texas, Mr. DeFazio, Mr. Sensenbrenner, and Mr. Lucas) introduced the
following bill; which was referred to the Committee on Agriculture, and
in addition to the Committees on Transportation and Infrastructure,
Financial Services, Natural Resources, and Education and Labor, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To prohibit the provision of Federal economic development assistance
for any State or locality that uses the power of eminent domain power
to obtain property for private commercial development or that fails to
pay relocation costs to persons displaced by use of the power of
eminent domain for economic development 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 ``Strengthening the Ownership of
Private Property Act of 2009'' or the ``STOPP Act of 2009''.
SEC. 2. CONDITIONS OF FINANCIAL ASSISTANCE UNDER FEDERAL ECONOMIC
DEVELOPMENT PROGRAMS.
(a) Prohibition of Assistance.--
(1) Prohibition.--If, after the date of the enactment of
this Act, an entity using the power of a State engages in any
conduct described in subsection (b), no officer or employee of
the Federal Government having responsibility over Federal
financial assistance under any Federal economic development
program shall make such assistance available to the relevant
entity during the period described in paragraph (3).
(2) Entity to which assistance is prohibited.--In this
subsection, the term ``relevant entity'' means--
(A) the entity engaging in the conduct described in
subsection (b), if that entity is a State or a unit of
general local government of a State; and
(B) the State or unit of general local government
that gave authority for the entity to engage in that
conduct, in any other case.
(3) Duration of prohibition.--The period referred to in
paragraph (1) is the period that begins on the date the officer
or employee of the Federal Government having responsibility
over Federal financial assistance under the Federal economic
development program determines that the relevant entity has
engaged in the conduct described in subsection (b) and ends
with the earlier of--
(A) the day that is two years after the date the
period began; or
(B) the day that the property is returned to the
entity from whom the property was taken.
(b) Conduct Resulting in Prohibition of Assistance.--The conduct
referred to in subsection (a) is the following:
(1) Use of eminent domain to take private property and
transfer to a private entity.--Any use of the power of eminent
domain to take property from a private entity and transfer the
ownership of, or a leasehold interest, in the property (or a
portion thereof) to another private entity, except for a
transfer--
(A) for use by a public utility;
(B) for a road or other right of way or means, open
to the public or common carriers, for transportation;
(C) for an aqueduct, pipeline, or similar use;
(D) for a prison or hospital; or
(E) for any use during and in relation to a
national emergency or national disaster declared by the
President under other law.
(2) Failure to provide relocation assistance for persons
displaced by use of eminent domain for economic development.--
Failing to provide, to any person displaced from property by
the use of the power of eminent domain for any economic
development purpose, relocation assistance under the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.) in the same manner and to
the same extent as relocation assistance would be required
under such Act to be provided by a Federal agency that
undertakes a program or project that results in displacement of
the person.
SEC. 3. PRIVATE RIGHT OF ACTION.
The owner of any real property taken by conduct resulting in the
prohibition by this Act of assistance may, in a civil action, obtain
injunctive and declaratory relief to require the enforcement of that
prohibition.
SEC. 4. DEFINITIONS.
In this Act:
(1) Federal economic development program.--The term
``Federal economic development program'' means any of the
following programs:
(A) Department of agriculture.--
(i) Forest service.--
(I) Programs under the National
Forest-Dependent Rural Communities
Economic Diversification Act of 1990 (7
U.S.C. 6611 et seq.).
(II) The rural development through
forestry program authorized by the
Department of the Interior and Related
Agencies Appropriations Act, 2006
(Public Law 109-54; 119 Stat. 538), and
subsequent appropriations laws.
(ii) Rural business--cooperative service.--
(I) The intermediary relending
program under section 1323 of the Food
Security Act of 1985 (7 U.S.C. 1932
note).
(II) The rural business
opportunities grant program under
section 306(a)(11) of the Consolidated
Farm and Rural Development Act (7
U.S.C. 1926(a)(11)).
(III) The program for assistance to
cooperatives for economic development
under the Act of July 2, 1926 (7 U.S.C.
451 et seq.), and subtitle A of the
Agricultural Marketing Act of 1946 (7
U.S.C. 1621 et seq.).
(IV) The rural business enterprise
grants program under section 310B(c) of
the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(c)).
(V) The rural economic development
loans and grants program under title
III of the Rural Electrification Act of
1936 (7 U.S.C. 930 et seq.).
(iii) Rural utilities service.--
(I) The program for grants, direct
loans, and guaranteed loans for water
and waste disposal systems for rural
communities under paragraphs (1) and
(2) of section 306(a) of the
Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)).
(II) The Rural Utilities Service
program for grants and loans to the
Denali Commission under section
19(a)(2) of the Rural Electrification
Act of 1936 (7 U.S.C. 918a(a)(2)).
(iv) Rural housing service.--
(I) The rural community development
initiative pursuant to the Agriculture,
Rural Development, Food and Drug
Administration, and Related Agencies
Appropriations Act, 2001 (Public Law
106-387; 114 Stat. 1549A-17) and the
Agriculture, Rural Development, Food
and Drug Administration, and Related
Agencies Appropriations Act, 2006
(Public Law 109-97; 119 Stat. 2136).
(II) The program for loans and
grants for essential community
facilities under section 306(a)(1) of
the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(1)).
(v) Farm service agency.--The program for
loans to Indian tribes and tribal corporations
under the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.).
(vi) Rural business investment program.--
The rural business investment program under
subtitle H of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009cc et seq.).
(B) Department of commerce--economic development
administration.--Any program for financial assistance
under the Public Works and Economic Development Act of
1965 (42 U.S.C. 3121 et seq.).
(C) Department of housing and urban development.--
(i) The community development block grant
programs under title I of the Housing and
Community Development Act of 1974 (42 U.S.C.
5301 et seq.), including the entitlement
grants, small cities, special purpose and
insular areas grants, States, Indian tribe
grants, and loan guarantee programs.
(ii) The brownfields economic development
initiative under section 108(q) of the Housing
and Community Development Act of 1974 (42
U.S.C. 5308(q)).
(iii) The rural housing and economic
development program of the Department of
Housing and Urban Development pursuant to the
Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of
Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115;
119 Stat. 2446) and title II of the Departments
of Veterans Affairs and Housing and Urban
Development, and Independent Agencies
Appropriations Act, 1999 (Public Law 105-276;
112 Stat. 2475).
(iv) The Indian housing block grant program
under the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C.
4101 et seq.).
(D) Department of the interior--bureau of indian
affairs.--The programs for grants, loans, and loan
guarantees for Indian economic development of the
Office of Economic Development, Bureau of Indian
Affairs of the Department of the Interior.
(E) Department of the treasury.--The community
development financial institutions fund program under
subtitle A of title I of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4701 et seq.).
(F) Appalachian regional commission.--Any program
for assistance for Appalachian regional development
under subtitle IV of title 40, United States Code.
(G) National credit union administration.--The
community development revolving loan fund program for
credit unions under the Community Development Credit
Union Revolving Loan Fund Transfer Act (42 U.S.C. 9822
note).
(H) Denali commission.--The Denali Commission
program under the Denali Commission Act of 1998 (42
U.S.C. 2131 et seq.).
(I) Delta regional authority.--The program for
Delta regional development under subtitle F of the
Consolidated Farm and Rural Development Act (7 U.S.C.
2009aa et seq.).
(J) Department of health and human services.--The
discretionary award program relating to local community
economic development under section 680 of the Community
Services Block Grant Act (42 U.S.C. 9921).
(2) Federal financial assistance.--The term ``Federal
financial assistance'' has the meaning given such term in
section 101 of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601).
(3) State.--The term ``State'' means any of the States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, the Virgin Islands, American Samoa, and any
other territory or possession of the United States.
SEC. 5. SEVERABILITY.
If any provision of this Act, or the application thereof, is held
invalid, the validity of the remainder of this Act and the application
of such provision to other persons and circumstances shall not be
affected thereby.
<all>
Introduced in House
Introduced in House
Referred to House Agriculture
Referred to the Committee on Agriculture, and in addition to the Committees on Transportation and Infrastructure, Financial Services, Natural Resources, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Transportation and Infrastructure
Referred to House Financial Services
Referred to House Natural Resources
Referred to House Education and Labor
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Healthy Families and Communities.
Referred to the Subcommittee on Rural Development, Biotechnology, Specialty Crops, and Foreign Agriculture.
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Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.