106TH CONGRESS
2D SESSION
H. R. 2372
AN ACT
To simplify and expedite access to the Federal
courts for injured parties whose rights and privi-
leges, 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 Fed-
eral courts from abstaining from exercising Fed-
eral jurisdiction in actions where no State law
claim is alleged; to permit certification of unset-
tled State law questions that are essential to re-
solving Federal claims arising under the Con-
stitution; and to clarify when government action
is sufficiently final to ripen certain Federal
claims arising under the Constitution.
106TH CONGRESS
2D SESSION
H. R. 2372
AN ACT
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-
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 2000’’.
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) in an action in which the operative
facts concern the uses of real property, it shall not abstain
from exercising or relinquish its jurisdiction to a State
court in an action in which no claim of a violation of a
State law, right, or privilege is alleged, if a parallel pro-
ceeding in State court arising out of the same operative
facts as the district court proceeding is not pending.
‘‘(d) If the district court has jurisdiction over an ac-
tion under subsection (a) in which the operative facts con-
cern the uses of real property and which cannot be decided
without resolution of an 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
‘‘(2) is patently unclear.
‘‘(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)(A) For purposes of this subsection, a final deci-
sion exists if—
‘‘(i) 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, as described in clauses (ii) and (iii),
regarding the extent of permissible uses on the prop-
erty that has been allegedly infringed or taken;
‘‘(ii)(I) one meaningful application, as defined
by applicable law, to use the property has been sub-
mitted but has been disapproved without a written
explanation as described in subclause (II), and the
party seeking redress has applied for one appeal and
one waiver which has been disapproved, in a case in
which the applicable statute, ordinance, custom, or
usage provides a mechanism for appeal to or waiver
by an administrative agency; or
‘‘(II) one meaningful application, as defined by
applicable law, to use the property has been sub-
mitted but has been disapproved, and the dis-
approval explains in writing the use, density, or in-
tensity of development of the property that would be
approved, with any conditions therefor, and the
party seeking redress has resubmitted another
meaningful application taking into account the terms
of the disapproval, except that—
‘‘(aa) if no such reapplication is submitted,
then a final decision shall not have been
reached for purposes of this subsection, except
as provided in subparagraph (B); and
‘‘(bb) if the reapplication is disapproved, or
if the reapplication is not required under sub-
paragraph (B), then a final decision exists for
purposes of this subsection if the party seeking
redress has applied for one appeal and one
waiver with respect to the disapproval, which
has been disapproved, in a case in which the
applicable statute, ordinance, custom, or usage
provides a mechanism of appeal to or waiver by
an administrative agency; and
‘‘(iii) if the applicable statute or ordinance pro-
vides for review of the case by elected officials, the
party seeking redress has applied for but is denied
such review, or is allowed such review and the mean-
ingful application is disapproved.
‘‘(B) The party seeking redress shall not be required
to apply for an appeal or waiver described in subparagraph
(A) if no such appeal or waiver is available, if it cannot
provide the relief requested, or if the application or re-
application would be futile.
‘‘(3) For purposes of clauses (ii) and (iii) of para-
graph (2), the failure to act within a reasonable time on
any application, reapplication, appeal, waiver, or review of
the case shall constitute a disapproval.
‘‘(4) For purposes of this subsection, a case is ripe
for adjudication even if the party seeking redress does not
exhaust judicial remedies provided by any State or terri-
tory of the United States.