105TH CONGRESS
1ST SESSION
H. R. 1534
AN ACT
To simplify and expedite access to the Federal
courts for injured parties whose rights and privi-
leges, secured by 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; to prevent Fed-
eral courts from abstaining from exercising Fed-
eral jurisdiction in actions where no State law
claim is alleged; to permit certification of unset-
tled State law questions that are essential to re-
solving Federal claims arising under the Con-
stitution; and to clarify when government action
is sufficiently final to ripen certain Federal
claims arising under the Constitution.
105TH CONGRESS
1ST SESSION
H. R. 1534
AN ACT
To simplify and expedite access to the Federal courts for
injured parties whose rights and privileges, secured by
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; to
prevent Federal courts from abstaining from exercising
Federal jurisdiction in actions where no State law claim
is alleged; to permit certification of unsettled State law
questions that are essential to resolving Federal claims
arising under the Constitution; and to clarify when gov-
ernment action is sufficiently final to ripen certain Fed-
eral claims arising under the Constitution.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Private Property
Rights Implementation Act of 1997’’.
SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES.
Section 1343 of title 28, United States Code, is
amended by adding at the end the following:
‘‘(c) Whenever a district court exercises jurisdiction
under subsection (a) in an action in which the operative
facts concern the uses of real property, it shall not abstain
from exercising or relinquish its jurisdiction to a State
court in an action where no claim of a violation of a State
law, right, or privilege is alleged, and where a parallel pro-
ceeding in State court arising out of the same operative
facts as the district court proceeding is not pending.
‘‘(d) Where the district court has jurisdiction over an
action under subsection (a) in which the operative facts
concern the uses of real property and which cannot be de-
cided without resolution of an unsettled question of State
law, the district court may certify the question of State
law to the highest appellate court of that State. After the
State appellate court resolves the question certified to it,
the district court shall proceed with resolving the merits.
The district court shall not certify a question of State law
under this subsection unless the question of State law—
‘‘(1) will significantly affect the merits of the
injured party’s Federal claim; and
‘‘(2) is patently unclear.
‘‘(e)(1) Any claim or action brought under section
1979 of the Revised Statutes of the United States (42
U.S.C. 1983) to redress the deprivation of a property right
or privilege secured by the Constitution shall be ripe for
adjudication by the district courts upon a final decision
rendered by any person acting under color of any statute,
ordinance, regulation, custom, or usage, of any State or
territory of the United States, that causes actual and con-
crete injury to the party seeking redress.
‘‘(2)(A) For purposes of this subsection, a final deci-
sion exists if—
‘‘(i) any person acting under color of any stat-
ute, ordinance, regulation, custom, or usage, of any
State or territory of the United States, makes a de-
finitive decision regarding the extent of permissible
uses on the property that has been allegedly in-
fringed or taken;
‘‘(ii)(I) one meaningful application, as defined
by the locality concerned within that State or terri-
tory, to use the property has been submitted but has
not been approved, and the party seeking redress
has applied for one appeal or waiver which has not
been approved, where the applicable statute, ordi-
nance, custom, or usage provides a mechanism for
appeal to or waiver by an administrative agency; or
‘‘(II) one meaningful application, as defined by
the locality concerned within that State or territory,
to use the property has been submitted but has not
been approved, and the disapproval explains in writ-
ing the use, density, or intensity of development of
the property that would be approved, with any con-
ditions therefor, and the party seeking redress has
resubmitted another meaningful application taking
into account the terms of the disapproval, except
that—
‘‘(aa) if no such reapplication is submitted,
then a final decision shall not have been
reached for purposes of this subsection, except
as provided in subparagraph (B); and
‘‘(bb) if the reapplication is not approved,
or if the reapplication is not required under
subparagraph (B), then a final decision exists
for purposes of this subsection if the party
seeking redress has applied for one appeal or
waiver with respect to the disapproval, which
has not been approved, where the applicable
statute, ordinance, custom, or usage provides a
mechanism of appeal or waiver by an adminis-
trative agency; and
‘‘(iii) in a case involving the uses of real prop-
erty, where the applicable statute or ordinance pro-
vides for review of the case by elected officials, the
party seeking redress has applied for but is denied
such review.
‘‘(B) The party seeking redress shall not be required
to apply for an appeal or waiver described in paragraph
(1)(B) if no such appeal or waiver is available, if it cannot
provide the relief requested, or if the application or re-
application would be futile.
‘‘(3) For purposes of this subsection, a final decision
shall not require the party seeking redress to exhaust judi-
cial remedies provided by any State or territory of the
United States.
‘‘(f) Nothing in subsection (c), (d), or (e) alters the
substantive law of takings of property, including the bur-
den of proof borne by the plaintiff.’’.
SEC. 3. UNITED STATES AS DEFENDANT.
Section 1346 of title 28, United States Code, is
amended by adding at the end the following:
‘‘(h)(1) Any claim brought under subsection (a) that
is founded upon a property right or privilege secured by
the Constitution, but was allegedly infringed or taken by
the United States, shall be ripe for adjudication upon a
final decision rendered by the United States, that causes
actual and concrete injury to the party seeking redress.
‘‘(2) For purposes of this subsection, a final decision
exists if—
‘‘(A) the United States makes a definitive deci-
sion regarding the extent of permissible uses on the
property that has been allegedly infringed or taken;
and
‘‘(B) one meaningful application to use the
property has been submitted but has not been ap-
proved, and the party seeking redress has applied
for one appeal or waiver which has not been ap-
proved, where the applicable law of the United
States provides a mechanism for appeal to or waiver
by an administrative agency.
The party seeking redress shall not be required to apply
for an appeal or waiver described in subparagraph (B) if
no such appeal or waiver is available, if it cannot provide
the relief requested, or if application or reapplication to
use the property would be futile.
‘‘(3) Nothing in this subsection alters the substantive
law of takings of property, including the burden of proof
borne by the plaintiff.’’.
SEC. 4. JURISDICTION OF COURT OF FEDERAL CLAIMS.
Section 1491(a) of title 28, United States Code, is
amended by adding at the end the following:
‘‘(3) Any claim brought under this subsection found-
ed upon a property right or privilege secured by the Con-
stitution, but allegedly infringed or taken by the United
States, shall be ripe for adjudication upon a final decision
rendered by the United States, that causes actual and con-
crete injury to the party seeking redress. For purposes of
this paragraph, a final decision exists if—
‘‘(A) the United States makes a definitive deci-
sion regarding the extent of permissible uses on the
property that has been allegedly infringed or taken;
and
‘‘(B) one meaningful application to use the
property has been submitted but has not been ap-
proved, and the party seeking redress has applied
for one appeal or waiver which has not been ap-
proved, where the applicable law of the United
States provides a mechanism for appeal or waiver.
The party seeking redress shall not be required to apply
for an appeal or waiver described in subparagraph (B) if
no such appeal or waiver is available, if it cannot provide
the relief requested, or if application or reapplication to
use the property would be futile. Nothing in this para-
graph alters the substantive law of takings of property,
including the burden of proof borne by the plaintiff.’’.
SEC. 5. DUTY OF NOTICE TO OWNERS.
Whenever a Federal agency takes an agency action
limiting the use of private property that may be affected
by the amendments made by this Act, the agency shall
give notice to the owners of that property explaining their
rights under such amendments and the procedures for ob-
taining any compensation that may be due to them under
such amendments.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to ac-
tions commenced on or after the date of the enactment
of this Act.
Passed the House of Representatives October 22,
1997.
Attest:
Clerk.