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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3429 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 3429

 To provide for just compensation in the event that eminent domain is 
                   exercised, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 6, 2023

  Mr. Hawley introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To provide for just compensation in the event that eminent domain is 
                   exercised, 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 ``Just Compensation Act of 2023''.

SEC. 2. PURPOSE.

    (a) Constitutional Requirement.--The Fifth Amendment to the 
Constitution of the United States guarantees that ``nor shall private 
property be taken for public use, without just compensation''.
    (b) Act Requirement.--The purpose of this Act is to require that 
the Federal Government--
            (1) demonstrate ``public use'' by exercising eminent domain 
        itself and not delegate the power of the Federal Government to 
        any private entity; and
            (2) provide just compensation in the form of 150 percent of 
        fair market value for any property over which the Federal 
        Government exercises eminent domain.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Federal government.--The term ``Federal Government'' 
        means--
                    (A) the President; and
                    (B) each Executive agency, as defined in section 
                105 of title 5, United States Code.
            (2) Private entity.--The term ``private entity'' means any 
        non-governmental entity.
            (3) Relevant congressional committees.--The term ``relevant 
        congress committees'' means--
                    (A) the Committee on the Judiciary of the Senate; 
                and
                    (B) the Committee on the Judiciary of the House of 
                Representatives.

SEC. 4. PUBLIC USE.

    Notwithstanding any other law, the Federal Government may not 
delegate the power to exercise eminent domain to any private entity.

SEC. 5. JUST COMPENSATION.

    The Federal Government, in exercising eminent domain, shall provide 
just compensation of not less than 150 percent of fair market value.

SEC. 6. REPORTS.

    (a) Initial Report.--Not later than 1 year after the date of 
enactment of this Act, the Attorney General shall submit a report to 
the relevant congressional committees describing the implementation of 
this Act.
    (b) Subsequent Reports.--Not later than 2 years after the date of 
enactment of this Act, and annually thereafter, the Attorney General 
shall submit a report to the relevant congressional committees 
describing the implementation of this Act, which shall include--
            (1) a description of the precise actions, locations, public 
        uses, and compensations provided for every exercise of eminent 
        domain by the Federal Government; and
            (2) a summary of the use of eminent domain by States.

SEC. 7. NO ADDITIONAL FUNDS.

    No additional funds are authorized to be appropriate to carry out 
this Act.
                                 <all>
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