I 

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. 

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 Implementation Act of 2005’’. 


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1 SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES CON2 CERNING REAL PROPERTY. 

3 Section 1343 of title 28, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(c) Whenever a district court exercises jurisdiction 

6 under subsection (a) in an action in which the operative 

7 facts concern the uses of real property, it shall not abstain 

8 from exercising or relinquish its jurisdiction to a State 

9 court if the party seeking redress does not allege a viola10 tion of a State law, right, or privilege, and no parallel pro11 ceeding is pending in State court that arises out of the 

12 same operative facts as the district court proceeding. 

13 ‘‘(d) In an action in which the operative facts concern 

14 the uses of real property, the district court shall exercise 

15 jurisdiction under subsection (a) even if the party seeking 

16 redress does not pursue judicial remedies provided by a 

17 State or territory of the United States. 

18 ‘‘(e) If the district court has jurisdiction over an ac19 tion under subsection (a) in which the operative facts con20 cern the uses of real property and which cannot be decided 

21 without resolution of an unsettled question of State law, 

22 the district court may certify the question of State law 

23 to the highest appellate court of that State. After the 

24 State appellate court resolves the question so certified, the 

25 district court shall proceed with resolving the merits. The 


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1 district court shall not certify a question of State law 

2 under this subsection unless the question of State law— 

3 ‘‘(1) is necessary to resolve the merits of the 

4 Federal claim of the injured party; and 

5 ‘‘(2) is patently unclear. 

6 ‘‘(f)(1) Any claim or action brought under section 

7 1979 of the Revised Statutes of the United States (42 

8 U.S.C. 1983) to redress the deprivation of a property right 

9 or privilege secured by the Constitution shall be ripe for 

10 adjudication by the district courts upon a final decision 

11 rendered by any person acting under color of any statute, 

12 ordinance, regulation, custom, or usage, of any State or 

13 territory of the United States, which causes actual and 

14 concrete injury to the party seeking redress. 

15 ‘‘(2) For purposes of this subsection, a final decision 

16 exists if— 

17 ‘‘(A) any person acting under color of any stat18 ute, ordinance, regulation, custom, or usage, of any 

19 State or territory of the United States, makes a de20 finitive decision regarding the extent of permissible 

21 uses on the property that has been allegedly in22 fringed or taken, without regard to any uses that 

23 may be permitted elsewhere; and 

24 ‘‘(B) one meaningful application to use the 

25 property has been submitted but denied, and the 


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1 party seeking redress has applied for but is denied 

2 one waiver and one appeal, if the applicable statute, 

3 ordinance, regulation, custom, or usage provides a 

4 mechanism for waiver by or appeal to an administra5 tive agency. 

6 The party seeking redress shall not be required to apply 

7 for a waiver or appeal described in subparagraph (B) if 

8 such waiver or appeal is unavailable or can not provide 

9 the relief requested, or if pursuit of such a mechanism 

10 would otherwise be futile.’’. 

11 SEC. 3. UNITED STATES AS DEFENDANT. 

12 Section 1346 of title 28, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(h)(1) Any claim brought under subsection (a) that 

15 is founded upon a property right or privilege secured by 

16 the Constitution, but was allegedly infringed or taken by 

17 the United States, shall be ripe for adjudication upon a 

18 final decision rendered by the United States, which causes 

19 actual and concrete injury to the party seeking redress. 

20 ‘‘(2) For purposes of this subsection, a final decision 

21 exists if— 

22 ‘‘(A) the United States makes a definitive deci23 sion regarding the extent of permissible uses on the 

24 property that has been allegedly infringed or taken, 


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1 without regard to any uses that may be permitted 

2 elsewhere; and 

3 ‘‘(B) one meaningful application to use the 

4 property has been submitted but denied, and the 

5 party seeking redress has applied for but is denied 

6 one waiver and one appeal, if the applicable law of 

7 the United States provides a mechanism for waiver 

8 by or appeal to an administrative agency. 

9 The party seeking redress shall not be required to apply 

10 for a waiver or appeal described in subparagraph (B) if 

11 such waiver or appeal is unavailable or can not provide 

12 the relief requested, or if pursuit of such a mechanism 

13 would otherwise be futile.’’. 

14 SEC. 4. JURISDICTION OF COURT OF FEDERAL CLAIMS. 

15 Section 1491(a) of title 28, United States Code, is 

16 amended by adding at the end the following: 

17 ‘‘(3) Any claim brought under this subsection 

18 founded upon a property right or privilege secured 

19 by the Constitution, but allegedly infringed or taken 

20 by the United States, shall be ripe for adjudication 

21 upon a final decision rendered by the United States, 

22 that causes actual and concrete injury to the party 

23 seeking redress. For purposes of this paragraph, a 

24 final decision exists if— 


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1 ‘‘(A) the United States makes a definitive 

2 decision regarding the extent of permissible 

3 uses on the property that has been allegedly in4 fringed or taken, without regard to any uses 

5 that may be permitted elsewhere; and 

6 ‘‘(B) one meaningful application to use the 

7 property has been submitted but denied, and 

8 the party seeking redress has applied for but is 

9 denied one waiver and one appeal, if the appli10 cable statute, ordinance, regulation, custom, or 

11 usage provides a mechanism for waiver by or 

12 appeal to an administrative agency. 

13 The party seeking redress shall not be required to 

14 apply for a waiver or appeal described in subpara15 graph (B) if such waiver or appeal is unavailable or 

16 can not provide the relief requested, or if pursuit of 

17 such a mechanism would otherwise be futile.’’. 

18 SEC. 5. CLARIFICATION FOR CERTAIN CONSTITUTIONAL 

19 PROPERTY RIGHTS CLAIMS. 

20 Section 1979 of the Revised Statutes of the United 

21 States (42 U.S.C. 1983) is amended by adding at the end 

22 the following: ‘‘If the party injured seeks to redress the 

23 deprivation of a property right or privilege under this sec24 tion that is secured by the Constitution by asserting a 

25 claim that concerns— 


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1 ‘‘(1) an approval to develop real property that 

2 is subject to conditions or exactions, then the person 

3 acting under color of State law is liable if any such 

4 condition or exaction, whether legislative or adju5 dicatory in nature, including but not limited to the 

6 payment of a monetary fee or a dedication of real 

7 property from the injured party, is unconstitutional; 

8 ‘‘(2) a subdivision of real property pursuant to 

9 any statute, ordinance, regulation, custom, or usage 

10 of any State or territory, or the District of Colum11 bia, then such a claim shall be decided with ref12 erence to each subdivided lot, regardless of owner13 ship, if such a lot is taxed, or is otherwise treated 

14 and recognized, as an individual property unit by the 

15 State, territory, or the District of Columbia; or 

16 ‘‘(3) alleged deprivation of substantive due 

17 process, then the action of the person acting under 

18 color of State law shall be judged as to whether it 

19 is arbitrary, capricious, an abuse of discretion, or 

20 otherwise not in accordance with law. 

21 For purposes of the preceding sentence, ‘State law’ in22 cludes any law of the District of Columbia or of any terri23 tory of the United States.’’. 


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1 SEC. 6. DUTY OF NOTICE TO OWNERS. 

2 (a) IN GENERAL.—Whenever a Federal agency takes 

3 an agency action limiting the use of private property that 

4 may be affected by the amendments by this Act, the agen5 cy shall, not later than 30 days after the agency takes 

6 that action, give notice to the owners of that property ex7 plaining their rights under such amendments and the pro8 cedures for obtaining any compensation that may be due 

9 them under such amendments. 

10 (b) DEFINITIONS.—For purposes of subsection (a)— 

11 (1) the term ‘‘Federal agency’’ means ‘‘agen12 cy’’, as that term is defined in section 552(f) of title 

13 5, United States Code; and 

14 (2) the term ‘‘agency action’’ has the meaning 

15 given that term in section 551 of title 5, United 

16 States Code. 

17 SEC. 7. SEVERABILITY AND EFFECTIVE DATE. 

18 (a) SEVERABILITY.—If any provision of this Act or 

19 the amendments made by this Act or the application there20 of to any person or circumstance is held invalid, the re21 mainder of this Act, the amendments made by this Act, 

22 or the application thereof to other persons not similarly 

23 situated or to other circumstances shall not be affected 

24 by such invalidation. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this Act shall apply to actions commenced on or after the 

3 date of the enactment of this Act. 

Æ 


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