I
103D CONGRESS
2D SESSION
H. R. 4418
To require Federal agencies to prepare private property taking impact
analyses, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 12, 1994
Mr. ROBERTS introduced the following bill; which was referred jointly to the
Committees on Government Operations and the Judiciary
A BILL
To require Federal agencies to prepare private property
taking impact analyses, and for other purposes.
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 Act of 1994’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the protection of private property from tak-
ing by the Government without just compensation is
an integral protection for private citizens incor-
porated into the Constitution by the Fifth Amend-
ment and made applicable to the States by the
Fourteenth Amendment; and
(2) Federal agencies should take into consider-
ation the impact of Governmental actions on the use
and ownership of private property.
SEC. 3. PURPOSE.
The Congress, recognizing the important role that the
use and ownership of private property plays in ensuring
the economic and social well-being of the Nation, declares
that it is the policy of the Federal Government to use all
practicable means and measures to minimize takings of
private property by the Federal Government.
SEC. 4. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘agency’’ means an Executive
agency as defined under section 105 of title 5, Unit-
ed States Code, and—
(A) includes the United States Postal
Service; and
(B) does not include the General Account-
ing Office; and
(2) the term ‘‘taking of private property’’
means any action whereby private property is taken
in such a way as to require compensation under the
Fifth Amendment to the United States Constitution.
SEC. 5. PRIVATE PROPERTY TAKING IMPACT ANALYSIS.
(a) IN GENERAL.—The Congress authorizes and di-
rects that, to the fullest extent possible—
(1) the policies, regulations, and public laws of
the United States shall be interpreted and adminis-
tered in accordance with the policies under this Act;
and
(2) all agencies of the Federal Government
shall submit a certification to the Attorney General
of the United States that a private property taking
impact analysis has been completed before issuing or
promulgating any policy, regulation, proposal, rec-
ommendation (including any recommendation or re-
port on proposal for legislation), or related agency
action which could result in a taking or diminution
of use or value of private property.
(b) CONTENTS OF ANALYSIS.—A private property
taking impact analysis shall be a written statement that
includes—
(1) the specific purpose of the policy, regula-
tion, proposal, recommendation, or related agency
action;
(2) an assessment of whether a taking of pri-
vate property may occur under such policy, regula-
tion, proposal, recommendation, or related agency
action;
(3) the effect of the policy, regulation, proposal,
recommendation, or related agency action on the use
or value of private property, including an evaluation
of whether such policy, regulation, proposal, rec-
ommendation, ore related agency action requires
compensation to private property owners;
(4) alternatives to the policy, regulation, pro-
posal, recommendation, or related agency action that
would lessen the adverse effects on the use or value
of private property;
(5) an estimate of the cost to the Federal Gov-
ernment if the Government is required to com-
pensate a private property owner; and
(6) an estimate of the reduction in use or value
of any affected private property as a result of such
policy, regulation, proposal, recommendation, or re-
lated agency action.
(c) PUBLIC AVAILABILITY OF ANALYSIS.—An agency
shall—
(1) make each private property taking impact
analysis available to the public; and
(2) to the greatest extent practicable, transmit
a copy of such analysis to the owner or any other
person with a property right or interest in the af-
fected property.
(d) PRESUMPTIONS IN PROCEEDINGS.—For the pur-
pose of any agency action or administrative or judicial pro-
ceeding, there shall be a rebuttable presumption that the
costs, values, and estimates in any private property
takings impact analysis shall be outdated and inaccurate,
if—
(1) such analysis was completed 5 years or
more before the date of such action or proceeding;
and
(2) such costs, values, or estimates have not
been modified within the 5-year period preceding the
date of such action or proceeding.
SEC. 6. RULES OF CONSTRUCTION.
Nothing in this Act shall be construed to—
(1) limit any right or remedy, or bar any claim
of any person relating to such person’s property
under any other law, including claims made under
section 1346 or 1402 of title 28, or chapter 91 of
title 28; or
(2) constitute a conclusive determination of the
value of any property for purposes of an appraisal
for the acquisition of property, or for the determina-
tion of damages.
SEC. 7. STATUTE OF LIMITATIONS.
No action may be filed in a court of the United States
to enforce the provisions of this Act on or after the date
occurring 6 years after the date of the submission of the
certification of the applicable private property taking im-
pact analysis with the Attorney General.
SEC. 8. EFFECTIVE DATE.
The provisions of this Act shall take effect 120 days
after the date of the enactment of this Act.
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