I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Strengthening the 

3 Ownership of Private Property Act of 2009’’ or the 

4 ‘‘STOPP Act of 2009’’. 

5 SEC. 2. CONDITIONS OF FINANCIAL ASSISTANCE UNDER 

6 FEDERAL ECONOMIC DEVELOPMENT PRO7 GRAMS. 

8 (a) PROHIBITION OF ASSISTANCE.— 

9 (1) PROHIBITION.—If, after the date of the en10 actment of this Act, an entity using the power of a 

11 State engages in any conduct described in subsection 

12 (b), no officer or employee of the Federal Govern13 ment having responsibility over Federal financial as14 sistance under any Federal economic development 

15 program shall make such assistance available to the 

16 relevant entity during the period described in para17 graph (3). 

18 (2) ENTITY TO WHICH ASSISTANCE IS PROHIB19 ITED.—In this subsection, the term ‘‘relevant enti20 ty’’ means— 

21 (A) the entity engaging in the conduct de22 scribed in subsection (b), if that entity is a 

23 State or a unit of general local government of 

24 a State; and 


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1 (B) the State or unit of general local gov2 ernment that gave authority for the entity to 

3 engage in that conduct, in any other case. 

4 (3) DURATION OF PROHIBITION.—The period 

5 referred to in paragraph (1) is the period that be6 gins on the date the officer or employee of the Fed7 eral Government having responsibility over Federal 

8 financial assistance under the Federal economic de9 velopment program determines that the relevant en10 tity has engaged in the conduct described in sub11 section (b) and ends with the earlier of— 

12 (A) the day that is two years after the date 

13 the period began; or 

14 (B) the day that the property is returned 

15 to the entity from whom the property was 

16 taken. 

17 (b) CONDUCT RESULTING IN PROHIBITION OF AS18 SISTANCE.—The conduct referred to in subsection (a) is 

19 the following: 

20 (1) USE OF EMINENT DOMAIN TO TAKE PRI21 VATE PROPERTY AND TRANSFER TO A PRIVATE EN22 TITY.—Any use of the power of eminent domain to 

23 take property from a private entity and transfer the 

24 ownership of, or a leasehold interest, in the property 


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1 (or a portion thereof) to another private entity, ex2 cept for a transfer— 

3 (A) for use by a public utility; 

4 (B) for a road or other right of way or 

5 means, open to the public or common carriers, 

6 for transportation; 

7 (C) for an aqueduct, pipeline, or similar 

8 use; 

9 (D) for a prison or hospital; or 

10 (E) for any use during and in relation to 

11 a national emergency or national disaster de12 clared by the President under other law. 

13 (2) FAILURE TO PROVIDE RELOCATION ASSIST14 ANCE FOR PERSONS DISPLACED BY USE OF EMI15 NENT DOMAIN FOR ECONOMIC DEVELOPMENT.— 

16 Failing to provide, to any person displaced from 

17 property by the use of the power of eminent domain 

18 for any economic development purpose, relocation 

19 assistance under the Uniform Relocation Assistance 

20 and Real Property Acquisition Policies Act of 1970 

21 (42 U.S.C. 4601 et seq.) in the same manner and 

22 to the same extent as relocation assistance would be 

23 required under such Act to be provided by a Federal 

24 agency that undertakes a program or project that 

25 results in displacement of the person. 


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1 SEC. 3. PRIVATE RIGHT OF ACTION. 

2 The owner of any real property taken by conduct re3 sulting in the prohibition by this Act of assistance may, 

4 in a civil action, obtain injunctive and declaratory relief 

5 to require the enforcement of that prohibition. 

6 SEC. 4. DEFINITIONS. 

7 In this Act: 

8 (1) FEDERAL ECONOMIC DEVELOPMENT PRO9 GRAM.—The term ‘‘Federal economic development 

10 program’’ means any of the following programs: 

11 (A) DEPARTMENT OF AGRICULTURE.— 

12 (i) FOREST SERVICE.— 

13 (I) Programs under the National 

14 Forest-Dependent Rural Communities 

15 Economic Diversification Act of 1990 

16 (7 U.S.C. 6611 et seq.). 

17 (II) The rural development 

18 through forestry program authorized 

19 by the Department of the Interior and 

20 Related Agencies Appropriations Act, 

21 2006 (Public Law 109–54; 119 Stat. 

22 538), and subsequent appropriations 

23 laws. 

24 (ii) RURAL BUSINESS—COOPERATIVE

25 SERVICE.— 


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1 (I) The intermediary relending 

2 program under section 1323 of the 

3 Food Security Act of 1985 (7 U.S.C. 

4 1932 note). 

5 (II) The rural business opportu6 nities grant program under section 

7 306(a)(11) of the Consolidated Farm 

8 and Rural Development Act (7 U.S.C. 

9 1926(a)(11)). 

10 (III) The program for assistance 

11 to cooperatives for economic develop12 ment under the Act of July 2, 1926 

13 (7 U.S.C. 451 et seq.), and subtitle A 

14 of the Agricultural Marketing Act of 

15 1946 (7 U.S.C. 1621 et seq.). 

16 (IV) The rural business enter17 prise grants program under section 

18 310B(c) of the Consolidated Farm 

19 and Rural Development Act (7 U.S.C. 

20 1932(c)). 

21 (V) The rural economic develop22 ment loans and grants program under 

23 title III of the Rural Electrification 

24 Act of 1936 (7 U.S.C. 930 et seq.). 

25 (iii) RURAL UTILITIES SERVICE.— 


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1 (I) The program for grants, di2 rect loans, and guaranteed loans for 

3 water and waste disposal systems for 

4 rural communities under paragraphs 

5 (1) and (2) of section 306(a) of the 

6 Consolidated Farm and Rural Devel7 opment Act (7 U.S.C. 1926(a)). 

8 (II) The Rural Utilities Service 

9 program for grants and loans to the 

10 Denali Commission under section 

11 19(a)(2) of the Rural Electrification 

12 Act of 1936 (7 U.S.C. 918a(a)(2)). 

13 (iv) RURAL HOUSING SERVICE.— 

14 (I) The rural community develop15 ment initiative pursuant to the Agri16 culture, Rural Development, Food and 

17 Drug Administration, and Related 

18 Agencies Appropriations Act, 2001 

19 (Public Law 106–387; 114 Stat. 

20 1549A–17) and the Agriculture, Rural 

21 Development, Food and Drug Admin22 istration, and Related Agencies Ap23 propriations Act, 2006 (Public Law 

24 109–97; 119 Stat. 2136). 


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1 (II) The program for loans and 

2 grants for essential community facili3 ties under section 306(a)(1) of the 

4 Consolidated Farm and Rural Devel5 opment Act (7 U.S.C. 1926(a)(1)). 

6 (v) FARM SERVICE AGENCY.—The 

7 program for loans to Indian tribes and 

8 tribal corporations under the Consolidated 

9 Farm and Rural Development Act (7 

10 U.S.C. 1921 et seq.). 

11 (vi) RURAL BUSINESS INVESTMENT

12 PROGRAM.—The rural business investment 

13 program under subtitle H of the Consoli14 dated Farm and Rural Development Act (7 

15 U.S.C. 2009cc et seq.). 

16 (B) DEPARTMENT OF COMMERCE—ECO17 NOMIC DEVELOPMENT ADMINISTRATION.—Any 

18 program for financial assistance under the Pub19 lic Works and Economic Development Act of 

20 1965 (42 U.S.C. 3121 et seq.). 

21 (C) DEPARTMENT OF HOUSING AND

22 URBAN DEVELOPMENT.— 

23 (i) The community development block 

24 grant programs under title I of the Hous25 ing and Community Development Act of 


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1 1974 (42 U.S.C. 5301 et seq.), including 

2 the entitlement grants, small cities, special 

3 purpose and insular areas grants, States, 

4 Indian tribe grants, and loan guarantee 

5 programs. 

6 (ii) The brownfields economic develop7 ment initiative under section 108(q) of the 

8 Housing and Community Development Act 

9 of 1974 (42 U.S.C. 5308(q)). 

10 (iii) The rural housing and economic 

11 development program of the Department of 

12 Housing and Urban Development pursuant 

13 to the Transportation, Treasury, Housing 

14 and Urban Development, the Judiciary, 

15 the District of Columbia, and Independent 

16 Agencies Appropriations Act, 2006 (Public 

17 Law 109–115; 119 Stat. 2446) and title II 

18 of the Departments of Veterans Affairs 

19 and Housing and Urban Development, and 

20 Independent Agencies Appropriations Act, 

21 1999 (Public Law 105–276; 112 Stat. 

22 2475). 

23 (iv) The Indian housing block grant 

24 program under the Native American HousVerDate Nov 24 2008 05:48 Dec 12, 2009 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4288.IH H4288

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1 ing Assistance and Self-Determination Act 

2 of 1996 (25 U.S.C. 4101 et seq.). 

3 (D) DEPARTMENT OF THE INTERIOR—BU4 REAU OF INDIAN AFFAIRS.—The programs for 

5 grants, loans, and loan guarantees for Indian 

6 economic development of the Office of Eco7 nomic Development, Bureau of Indian Affairs 

8 of the Department of the Interior. 

9 (E) DEPARTMENT OF THE TREASURY.— 

10 The community development financial institu11 tions fund program under subtitle A of title I 

12 of the Riegle Community Development and 

13 Regulatory Improvement Act of 1994 (12 

14 U.S.C. 4701 et seq.). 

15 (F) APPALACHIAN REGIONAL COMMIS16 SION.—Any program for assistance for Appa17 lachian regional development under subtitle IV 

18 of title 40, United States Code. 

19 (G) NATIONAL CREDIT UNION ADMINIS20 TRATION.—The community development revolv21 ing loan fund program for credit unions under 

22 the Community Development Credit Union Re23 volving Loan Fund Transfer Act (42 U.S.C. 

24 9822 note). 


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1 (H) DENALI COMMISSION.—The Denali 

2 Commission program under the Denali Com3 mission Act of 1998 (42 U.S.C. 2131 et seq.). 

4 (I) DELTA REGIONAL AUTHORITY.—The 

5 program for Delta regional development under 

6 subtitle F of the Consolidated Farm and Rural 

7 Development Act (7 U.S.C. 2009aa et seq.). 

8 (J) DEPARTMENT OF HEALTH AND HUMAN

9 SERVICES.—The discretionary award program 

10 relating to local community economic develop11 ment under section 680 of the Community 

12 Services Block Grant Act (42 U.S.C. 9921). 

13 (2) FEDERAL FINANCIAL ASSISTANCE.—The 

14 term ‘‘Federal financial assistance’’ has the meaning 

15 given such term in section 101 of the Uniform Relo16 cation Assistance and Real Property Acquisition 

17 Policies Act of 1970 (42 U.S.C. 4601). 

18 (3) STATE.—The term ‘‘State’’ means any of 

19 the States of the United States, the District of Co20 lumbia, the Commonwealth of Puerto Rico, the Com21 monwealth of the Northern Mariana Islands, Guam, 

22 the Virgin Islands, American Samoa, and any other 

23 territory or possession of the United States. 


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1 SEC. 5. SEVERABILITY. 

2 If any provision of this Act, or the application there3 of, is held invalid, the validity of the remainder of this 

4 Act and the application of such provision to other persons 

5 and circumstances shall not be affected thereby. 

Æ 


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