IB 
Union Calendar No. 278 
112TH CONGRESS 
2D SESSION 
H. R. 1433 
[Report No. 112–401] 
To protect private property rights. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 7, 2011 
Mr. SENSENBRENNER (for himself, Ms. WATERS, Mr. JONES, Mrs. BONO 
MACK, Mr. DUNCAN of Tennessee, Mr. GRIMM, Mr. WESTMORELAND, 
Mr. SIMPSON, Mr. SMITH of Texas, Mr. BROUN of Georgia, Mr. THOMP-
SON of Pennsylvania, Mr. ROSS of Florida, Mr. GOWDY, Mr. GRIFFIN of 
Arkansas, Mr. FRANKS of Arizona, Mr. COBLE, Mr. GOODLATTE, and 
Mr. LONG) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
FEBRUARY 17, 2012 
Additional sponsors: Mr. FORBES, Mrs. MYRICK, Mr. ROE of Tennessee, Mr. 
POSEY, Mr. COHEN, Mr. PENCE, Mr. GENE GREEN of Texas, Mr. POE 
of Texas, Mr. KING of Iowa, Mr. AMODEI, and Mr. MCCLINTOCK 
FEBRUARY 17, 2012 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 7, 2011] 
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A BILL 
To protect private property rights. 
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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 
Protection Act of 2012’’. 
SEC. 2. PROHIBITION ON EMINENT DOMAIN ABUSE BY 
STATES. 
(a) IN GENERAL.—No State or political subdivision 
of a State shall exercise its power of eminent domain, or 
allow the exercise of such power by any person or entity 
to which such power has been delegated, over property to 
be used for economic development or over property that is 
used for economic development within 7 years after that ex-
ercise, if that State or political subdivision receives Federal 
economic development funds during any fiscal year in 
which the property is so used or intended to be used. 
(b) INELIGIBILITY FOR FEDERAL FUNDS.—A violation 
of subsection (a) by a State or political subdivision shall 
render such State or political subdivision ineligible for any 
Federal economic development funds for a period of 2 fiscal 
years following a final judgment on the merits by a court 
of competent jurisdiction that such subsection has been vio-
lated, and any Federal agency charged with distributing 
those funds shall withhold them for such 2-year period, and 
any such funds distributed to such State or political sub-
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division shall be returned or reimbursed by such State or 
political subdivision to the appropriate Federal agency or 
authority of the Federal Government, or component thereof. 
(c) OPPORTUNITY TO CURE VIOLATION.—A State or 
political subdivision shall not be ineligible for any Federal 
economic development funds under subsection (b) if such 
State or political subdivision returns all real property the 
taking of which was found by a court of competent jurisdic-
tion to have constituted a violation of subsection (a) and 
replaces any other property destroyed and repairs any other 
property damaged as a result of such violation. In addition, 
the State must pay applicable penalties and interest to re-
attain eligibility. 
SEC. 3. PROHIBITION ON EMINENT DOMAIN ABUSE BY THE 
FEDERAL GOVERNMENT. 
The Federal Government or any authority of the Fed-
eral Government shall not exercise its power of eminent do-
main to be used for economic development. 
SEC. 4. PRIVATE RIGHT OF ACTION. 
(a) CAUSE OF ACTION.—Any (1) owner of private 
property whose property is subject to eminent domain who 
suffers injury as a result of a violation of any provision 
of this Act with respect to that property, or (2) any tenant 
of property that is subject to eminent domain who suffers 
injury as a result of a violation of any provision of this 
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