SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Defending American 
Taxpayers From Abusive Government Takings Act of 
2012’’. 
SEC. 2. PROHIBITION RELATING TO USE OF POWER OF EMI-
NENT DOMAIN. 
(a) FANNIE MAE.—Subsection (b) of section 302 of 
the Federal National Mortgage Association Charter Act 
(12 U.S.C. 1717(b)) is amended by adding at the end the 
following new paragraph: 
‘‘(7)(A) Notwithstanding any other provision of law, 
the corporation may not purchase any mortgage that is 
secured by a structure or dwelling unit that is located 
within a county that contains any structure or dwelling 
unit that secures or secured a residential mortgage loan 
that the State (or the District of Columbia, the Common-
wealth or Puerto Rico, or any territory or possession of 
the United States), including any agency or political sub-
division thereof, obtained during the preceding 120 
months by exercise of the power of eminent domain. 
‘‘(B) For purposes of this paragraph, the term ‘resi-
dential mortgage loan’ means a mortgage loan that is evi-
denced by a promissory note and secured by a mortgage, 
deed of trust, or other security instrument on a residential 
structure or a dwelling unit in a residential structure. 
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Such term includes a first mortgage loan or any subordi-
nate mortgage loan.’’. 
(b) FREDDIE MAC.—Subsection (a) of section 305 of 
the Federal Home Loan Mortgage Corporation Act (12 
U.S.C. 1454(a)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(6)(A) Notwithstanding any other provision of law, 
the Corporation may not purchase any mortgage that is 
secured by a structure or dwelling unit that is located 
within a county that contains any structure or dwelling 
unit that secures or secured a residential mortgage loan 
that the State (or the District of Columbia, the Common-
wealth of Puerto Rico, or any territory or possession of 
the United States), including any agency or political sub-
division thereof, obtained during the preceding 120 
months by exercise of the power of eminent domain. 
‘‘(B) For purposes of this paragraph, the term ‘resi-
dential mortgage loan’ means a mortgage loan that is evi-
denced by a promissory note and secured by a mortgage, 
deed of trust, or other security instrument on a residential 
structure or a dwelling unit in a residential structure. 
Such term includes a first mortgage or any subordinate 
mortgage.’’. 
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(c) FHA.—Title V of the National Housing Act (12 
U.S.C. 1731a et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 543. PROHIBITION RELATING TO USE OF POWER OF 
EMINENT DOMAIN. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, the Secretary may not newly insure under 
this Act any mortgage that is secured by a structure or 
dwelling unit that is located within a county that contains 
any structure or dwelling unit that secures or secured to 
a residential mortgage loan that the State (or the District 
of Columbia, the Commonwealth of Puerto Rico, or any 
territory or possession of the United States), including any 
agency or political subdivision thereof, obtained during the 
preceding 120 months by exercise of the power of eminent 
domain. 
‘‘(b) DEFINITION.—For purposes of this paragraph, 
the term ‘residential mortgage loan’ means a mortgage 
loan that is evidenced by a promissory note and secured 
by a mortgage, deed of trust, or other security instrument 
on a residential structure or a dwelling unit in a residen-
tial structure. Such term includes a first mortgage or any 
subordinate mortgage.’’. 
(d) VA.— 
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(1) IN
GENERAL.—Chapter 37 of title 38, 
United States Code, is amended by adding after sec-
tion 3736 the following new section: 
‘‘SEC. 3737. PROHIBITION RELATING TO USE OF POWER OF 
EMINENT DOMAIN. 
‘‘(a) PROHIBITION.—The Secretary may not guar-
antee, make, or insure a loan under this chapter if such 
loan is for a residence that is located within a county (or 
trust land with respect to a loan under subchapter V) that 
contains any residence that secures or secured a residen-
tial mortgage loan that the State, including any agency 
or political subdivision thereof, obtained during the pre-
ceding 120 months by exercise of the power of eminent 
domain. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘residential mortgage loan’ 
means a mortgage loan that is evidenced by a prom-
issory note and secured by a mortgage, deed of 
trust, or other security instrument on a residential 
structure or a dwelling unit in a residential struc-
ture. Such term includes a first mortgage or any 
subordinate mortgage. 
‘‘(2) The term ‘State’ means each of the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, any other territory or possession of 
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the United States, and each federally recognized In-
dian tribe.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 3736 
the following new item: 
‘‘3737. Prohibition relating to use of power of eminent domain.’’. 
Æ 
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