IB 
Union Calendar No. 391 
109TH CONGRESS 
2D SESSION 
H. R. 4772 
[Report No. 109–658] 
To simplify and expedite access to the Federal courts for injured parties 
whose rights and privileges under 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, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 16, 2006 
Mr. CHABOT (for himself, Mr. GORDON, Mr. GALLEGLY, Mr. FLAKE, Mr. 
SENSENBRENNER, Mr. BOYD, Mr. FEENEY, and Mr. POMBO) introduced 
the following bill; which was referred to the Committee on the Judiciary 
SEPTEMBER 14, 2006 
Additional sponsors: Mr. NEUGEBAUER, Mr. KELLER, Mr. HERGER, Mr. 
SMITH of Texas, Mr. CALVERT, Mr. BROWN of South Carolina, Mr. 
BISHOP of Georgia, Ms. FOXX, Mr. MCHENRY, Mrs. MYRICK, Mr. POE, 
Mr. CONAWAY, Mr. WILSON of South Carolina, Mr. GUTKNECHT, Mr. 
GOODE, Mr. ISSA, Mr. ROHRABACHER, Mr. BARTLETT of Maryland, Mr. 
AKIN, Mr. CARTER, Mr. MARCHANT, Mr. COLE of Oklahoma, Mr. BACH-
US, Mr. KLINE, Mr. ETHERIDGE, Mrs. CAPITO, Mr. CANNON, Mr. 
HOLDEN, and Mr. DAVIS of Kentucky 
SEPTEMBER 14, 2006 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
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[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 16, 2006] 
A BILL 
To simplify and expedite access to the Federal courts for 
injured parties whose rights and privileges under 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, 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 
Implementation Act of 2006’’. 
SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES CON-
CERNING REAL PROPERTY. 
Section 1343 of title 28, United States Code, is amend-
ed 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 if the party seeking redress does not allege a violation 
of a State law, right, or privilege, and no parallel pro-
ceeding is pending in State court, at the time the action 
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is filed in the district court, that arises out of the same 
operative facts as the district court proceeding. 
‘‘(d) In an action in which the operative facts concern 
the uses of real property, the district court shall exercise 
jurisdiction under subsection (a) even if the party seeking 
redress does not pursue judicial remedies provided by a 
State or territory of the United States. 
‘‘(e) If the district court has jurisdiction over an action 
under subsection (a) in which the operative facts concern 
the uses of real property and which cannot be decided with-
out resolution of an unsettled question of State law, the dis-
trict court may certify the question of State law to the high-
est appellate court of that State. After the State appellate 
court resolves the question so certified, the district court 
shall proceed with resolving the merits. The district court 
shall not certify a question of State law under this sub-
section unless the question of State law— 
‘‘(1) is necessary to resolve the merits of the Fed-
eral claim of the injured party; and 
‘‘(2) is patently unclear. 
‘‘(f)(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 adju-
dication by the district courts upon a final decision ren-
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dered by any person acting under color of any statute, ordi-
nance, regulation, custom, or usage, of any State or terri-
tory of the United States, which causes actual and concrete 
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 defin-
itive decision regarding the extent of permissible uses 
on the property that has been allegedly infringed or 
taken, without regard to any uses that may be per-
mitted elsewhere; and 
‘‘(B) one meaningful application to use the prop-
erty has been submitted but denied, and the party 
seeking redress has applied for but is denied one 
waiver and one appeal, if the applicable statute, ordi-
nance, regulation, custom, or usage provides a mecha-
nism for waiver by or appeal to an administrative 
agency. 
The party seeking redress shall not be required to apply 
for a waiver or appeal described in subparagraph (B) if 
such waiver or appeal is unavailable or can not provide 
the relief requested, or if pursuit of such a mechanism would 
otherwise be futile.’’. 
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SEC. 3. UNITED STATES AS DEFENDANT. 
Section 1346 of title 28, United States Code, is amend-
ed 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, which 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, 
without regard to any uses that may be permitted 
elsewhere; and 
‘‘(B) one meaningful application to use the prop-
erty has been submitted but denied, and the party 
seeking redress has applied for but is denied one 
waiver and one appeal, if the applicable law of the 
United States provides a mechanism for waiver by or 
appeal to an administrative agency. 
The party seeking redress shall not be required to apply 
for a waiver or appeal described in subparagraph (B) if 
such waiver or appeal is unavailable or can not provide 
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