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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5582 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5582

   To authorize appropriations for the Department of Commerce and to 
 prohibit Federal economic development funds to States that carry out 
                  public takings for private purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 23, 2010

 Mr. Sullivan (for himself, Mr. Broun of Georgia, Mr. Lucas, Mr. Kline 
 of Minnesota, Mr. Shimkus, Mr. Culberson, Mr. Burton of Indiana, Mr. 
Rooney, Mr. Marchant, Mr. Posey, Mr. Herger, Mrs. Schmidt, Mr. Shadegg, 
 Mr. Franks of Arizona, Mr. Hall of Texas, Mr. Rogers of Michigan, Mr. 
    Burgess, Mr. Gohmert, Mr. Gingrey of Georgia, and Mr. Fleming) 
 introduced the following bill; which was referred to the Committee on 
       Energy and Commerce, and in addition to the Committees on 
Transportation and Infrastructure and Financial Services, 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 authorize appropriations for the Department of Commerce and to 
 prohibit Federal economic development funds to States that carry out 
                  public takings for private 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 ``Private Property Rights Protection 
and Government Accountability Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Congress has the power to regulate commerce among the 
        several States and Indian tribes;
            (2) property rights are essential to interstate commerce, 
        ensuring that individuals make the best economic use of their 
        property;
            (3) potential residents and businesses may avoid 
        communities that have a record of taking private property for 
        private economic development;
            (4) public takings for private purposes are harmful to 
        communities and to interstate commerce;
            (5) public taking of private property for economic 
        development is not a traditional nor sound function of State or 
        local government; and
            (6) in order to promote and protect interstate commerce, 
        public takings for private purposes should be prohibited.

SEC. 3. PROHIBITION ON ECONOMIC DEVELOPMENT FUNDS.

    Any State or political subdivision of a State that carries out a 
public taking for any private purpose in or affecting interstate 
commerce shall not be eligible to receive any Federal economic 
development funds for a period of 10 fiscal years.

SEC. 4. INJUNCTIVE RELIEF AND RESTORATION TO OWNER.

    (a) Cause of Action.--Any owner of private property that is subject 
to a public taking described in section 3 may bring an action in the 
appropriate Federal or State court to obtain injunctive and declaratory 
relief.
    (b) Attorneys' Fee and Other Costs.--In any action or proceeding 
under this section, the court shall allow a prevailing plaintiff a 
reasonable attorneys' fee as part of the costs, and include expert fees 
as part of the attorneys' fee.

SEC. 5. DEFINITIONS.

    As used in this Act, the following definitions apply:
            (1) Private purpose.--
                    (A) In general.--The term ``private purpose'', with 
                regard to property that has been acquired and conveyed 
                through a public taking, means the ownership, control, 
                or use of such property by a private party or parties 
                that advances the economic interests of the private 
                party or parties. Such term includes but is not limited 
                to the following:
                            (i) Any use of such property in an economic 
                        development plan of which the benefit to the 
                        public is increased tax revenue, increased 
                        employment, or other indirect benefit.
                            (ii) The lease of such property to a 
                        private party or parties for private 
                        development, including commercial, industrial, 
                        or residential development.
                            (iii) Any control of such property by a 
                        private party that--
                                    (I) excludes a general public use 
                                or benefit; or
                                    (II) primarily benefits the private 
                                party or parties and benefits the 
                                public indirectly.
                    (B) Exceptions.--Such term shall not include--
                            (i) conveying private property to public 
                        ownership, such as for a road, hospital, or 
                        prison, or to an entity, such as a common 
                        carrier, that makes the property available for 
                        use by the general public as of right, such as 
                        a railroad, public utility, or public facility, 
                        or for use as a right of way, aqueduct, 
                        pipeline, or similar use;
                            (ii) acquiring property to eliminate 
                        harmful uses of the property, provided such 
                        uses present an imminent and substantial danger 
                        to the public health or welfare;
                            (iii) leasing property to a private person 
                        or entity that occupies an incidental part of 
                        public property or a public facility, such as a 
                        retail establishment on the ground floor of a 
                        public building;
                            (iv) acquiring abandoned property; and
                            (v) clearing defective chains of title.
            (2) Federal economic development funds.--The term ``Federal 
        economic development funds'' means any Federal funds--
                    (A) administered by the Secretary of Commerce, the 
                Secretary of Energy, or the Administrator of the 
                Environmental Protection Agency, and distributed to or 
                through States or political subdivisions of States, to 
                the extent such funds are not provided to assist States 
                or political subdivisions of States in complying with 
                any requirements of Federal law or regulation; or
                    (B) distributed to or through States or political 
                subdivisions of States under Federal laws and whose 
                purpose is to promote interstate commerce and improve 
                or increase the size of the economies of States or 
                political subdivisions of States.
            (3) Public taking.--The term ``public taking'' means an 
        action by a State or political subdivision of a State or by any 
        person or entity to which such power has been delegated that 
        transfers all or part of the legal rights in property from a 
        private owner to another person or to public ownership without 
        the consent of the private owner.
                                 <all>
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