II

103D CONGRESS

2D SESSION S. 2006

To require Federal agencies to prepare private property taking impact

analyses, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 25 (legislative day, FEBRUARY 22), 1994

Mr. DOLE (for himself, Mr. HEFLIN, Mr. CRAIG, and Mr. BROWN) introduced

the following bill; which was read twice and referred to the Committee

on Governmental Affairs

A BILL

To require Federal agencies to prepare private property

taking impact analyses, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Private Property

5 Rights Act of 1994’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) the protection of private property from a

9 taking by the Government without just compensation

10 is an integral protection for private citizens incor-
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1 porated into the Constitution by the Fifth Amend2 ment and made applicable to the States by the

3 Fourteenth Amendment; and

4 (2) Federal agencies should take into consider5 ation the impact of Governmental actions on the use

6 and ownership of private property.

7 SEC. 3. PURPOSE.

8 The Congress, recognizing the important role that the

9 use and ownership of private property plays in ensuring

10 the economic and social well-being of the Nation, declares

11 that it is the policy of the Federal Government to use all

12 practicable means and measures to minimize takings of

13 private property by the Federal Government.

14 SEC. 4. DEFINITIONS.

15 For purposes of this Act—

16 (1) the term ‘‘agency’’ means an Executive

17 agency as defined under section 105 of title 5,

18 United States Code, and—

19 (A) includes the United States Postal

20 Service; and

21 (B) does not include the General Account22 ing Office; and

23 (2) the term ‘‘taking of private property’’

24 means any action whereby private property is taken
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1 in such a way as to require compensation under the

2 Fifth Amendment to the United States Constitution.

3 SEC. 5. PRIVATE PROPERTY TAKING IMPACT ANALYSIS.

4 (a) IN GENERAL.—The Congress authorizes and di5 rects that, to the fullest extent possible—

6 (1) the policies, regulations, and public laws of

7 the United States shall be interpreted and adminis8 tered in accordance with the policies under this Act;

9 and

10 (2) all agencies of the Federal Government

11 shall submit a certification to the Attorney General

12 of the United States that a private property taking

13 impact analysis has been completed before issuing or

14 promulgating any policy, regulation, proposal, rec15 ommendation (including any recommendation or re16 port on proposal for legislation), or related agency

17 action which could result in a taking or diminution

18 of use or value of private property.

19 (b) CONTENT OF ANALYSIS.—A private property tak20 ing impact analysis shall be a written statement that in21 cludes—

22 (1) the specific purpose of the policy, regula23 tion, proposal, recommendation, or related agency

24 action;
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1 (2) an assessment of whether a taking of pri2 vate property may occur under such policy, regula3 tion, proposal, recommendation, or related agency

4 action;

5 (3) the effect of the policy, regulation, proposal,

6 recommendation, or related agency action on the use

7 or value of private property, including an evaluation

8 of whether such policy, regulation, proposal, rec9 ommendation, or related agency action requires com10 pensation to private property owners;

11 (4) alternatives to the policy, regulation, pro12 posal, recommendation, or related agency action that

13 would lessen the adverse effects on the use or value

14 of private property;

15 (5) an estimate of the cost to the Federal Gov16 ernment if the Government is required to com17 pensate a private property owner; and

18 (6) an estimate of the reduction in use or value

19 of any affected private property as a result of such

20 policy, regulation, proposal, recommendation, or re21 lated agency action.

22 (c) PUBLIC AVAILABILITY OF ANALYSIS.—An agency

23 shall—

24 (1) make each private property taking impact

25 analysis available to the public; and
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1 (2) to the greatest extent practicable, transmit

2 a copy of such analysis to the owner or any other

3 person with a property right or interest in the af4 fected property.

5 (d) PRESUMPTIONS IN PROCEEDINGS.—For the pur6 pose of any agency action or administrative or judicial pro7 ceeding, there shall be a rebuttable presumption that the

8 costs, values, and estimates in any private property

9 takings impact analysis shall be outdated and inaccurate,

10 if—

11 (1) such analysis was completed 5 years or

12 more before the date of such action or proceeding;

13 and

14 (2) such costs, values, or estimates have not

15 been modified within the 5-year period preceding the

16 date of such action or proceeding.

17 SEC. 6. RULES OF CONSTRUCTION.

18 Nothing in this Act shall be construed to—

19 (1) limit any right or remedy, or bar any claim

20 of any person relating to such person’s property

21 under any other law, including claims made under

22 section 1346 or 1402 of title 28, or chapter 91 of

23 title 28; or

24 (2) constitute a conclusive determination of the

25 value of any property for purposes of an appraisal
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1 for the acquisition of property, or for the determina2 tion of damages.

3 SEC. 7. STATUTE OF LIMITATIONS.

4 No action may be filed in a court of the United States

5 to enforce the provisions of this Act on or after the date

6 occurring 6 years after the date of the submission of the

7 certification of the applicable private property taking im8 pact analysis with the Attorney General.

9 SEC. 8. EFFECTIVE DATE.

10 The provisions of this Act shall take effect 120 days

11 after the date of the enactment of this Act.

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