I
105TH CONGRESS
1ST SESSION
H. R. 1534
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 govern-
ment 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 government
action is sufficiently final to ripen certain Federal claims arising under
the Constitution.
IN THE HOUSE OF REPRESENTATIVES
MAY 6, 1997
Mr. GALLERGLY introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
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-
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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), 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 privi-
lege is alleged.
‘‘(d) Where the district court has jurisdiction over an
action under subsection (a) that cannot be decided without
resolution of a significant but 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
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‘‘(2) is so unclear and obviously susceptible to
a limiting construction as to render premature a de-
cision on the merits of the constitutional or legal
issue in the case.
‘‘(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) For purposes of this subsection, a final decision
exists if—
‘‘(A) 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, without regard to any uses that
may be permitted elsewhere; and
‘‘(B) the applicable statute, ordinance, regula-
tion, custom, or usage provides for a right of appeal
or waiver from such decision, and the party seeking
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redress has applied for, but has been denied, one
such appeal or waiver.
The party seeking redress shall not be required to apply
for an appeal or waiver described in subparagraph (B) if
the prospects of success are reasonably unlikely and inter-
vention by the district court is warranted to decide the
merits.
‘‘(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.’’.
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,
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without regard to any uses that may be permitted
elsewhere; and
‘‘(B) an applicable law of the United States
provides for a right of appeal or waiver from such
decision, and the party seeking redress has applied
for, but has been denied, one such appeal or waiver.
The party seeking redress shall not be required to apply
for an appeal or waiver described in subparagraph (B),
if the prospects of success are reasonably unlikely and
intervention by the district court or the United States
Court of Federal Claims is warranted to decide the mer-
its.’’.
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,
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without regard to any uses that may be permitted
elsewhere; and
‘‘(B) an applicable law of the United States
provides for a right of appeal or waiver from such
final decision, and the party seeking redress has ap-
plied for, but has been denied, one such appeal or
waiver.
The party seeking redress shall not be required to apply
for an appeal or waiver described in subparagraph (B) if
the prospects of success are reasonably unlikely and inter-
vention by the United States Court of Federal Claims is
warranted to decide the merits.’’.
SEC. 5. 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.
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