I 
115TH CONGRESS 
1ST SESSION H. R. 1689 
To protect private property rights. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 22, 2017 
Mr. SENSENBRENNER (for himself, Ms. MAXINE WATERS of California, and 
Mr. FITZPATRICK) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To protect private property rights. 
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 2017’’. 
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 
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be used for economic development or over property that 
is used for economic development within 7 years after that 
exercise, if that State or political subdivision receives Fed-
eral 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 viola-
tion 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 violated, 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 subdivision shall be returned or reimbursed by 
such State or political subdivision to the appropriate Fed-
eral 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 juris-
diction to have constituted a violation of subsection (a) 
and replaces any other property destroyed and repairs any 
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other property damaged as a result of such violation. In 
addition, the State or political subdivision must pay any 
applicable penalties and interest to reattain 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 
domain 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 
Act with respect to that property, may bring an action 
to enforce any provision of this Act in the appropriate 
Federal or State court. A State shall not be immune under 
the 11th Amendment to the Constitution of the United 
States from any such action in a Federal or State court 
of competent jurisdiction. In such action, the defendant 
has the burden to show by clear and convincing evidence 
that the taking is not for economic development. Any such 
property owner or tenant may also seek an appropriate 
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