I 
110TH CONGRESS 
2D SESSION 
H. R. 6219 
To authorize appropriations for the Department of Commerce and to prohibit 
Federal economic development funds to States that carry out public 
takings for private purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 10, 2008 
Mr. SULLIVAN (for himself, Mr. BARTON of Texas, Mr. BROUN of Georgia, 
Mr. MACK, Mr. LUCAS, Mrs. MUSGRAVE, Mr. BURGESS, Mr. ROGERS of 
Michigan, Mr. HALL of Texas, Mr. MCCOTTER, Mr. UPTON, Mr. SES-
SIONS, Mr. MCHENRY, Mr. PITTS, Mr. GINGREY, Ms. FALLIN, Mrs. 
EMERSON, Mr. PEARCE, Mr. SHIMKUS, Mrs. MYRICK, Mrs. DRAKE, Mr. 
TERRY, Mr. CONAWAY, Mr. BUYER, and Mr. BURTON of Indiana) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce, and in addition to the Committees on Transportation and 
Infrastructure and Financial Services, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To authorize appropriations for the Department of Com-
merce and to prohibit Federal economic development 
funds to States that carry out public takings for private 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Private Property 
Rights Protection and Government Accountability Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) Congress has the power to regulate com-
merce among the several States and Indian tribes; 
(2) property rights are essential to interstate 
commerce, ensuring that individuals make the best 
economic use of their property; 
(3) potential residents and businesses may 
avoid communities that have a record of taking pri-
vate property for private economic development; 
(4) public takings for private purposes are 
harmful to communities and to interstate commerce; 
(5) public taking of private property for eco-
nomic development is not a traditional nor sound 
function of State or local government; and 
(6) in order to promote and protect interstate 
commerce, public takings for private purposes should 
be prohibited. 
SEC. 
3. 
PROHIBITION 
ON 
ECONOMIC 
DEVELOPMENT 
FUNDS. 
Any State or political subdivision of a State that car-
ries out a public taking for any private purpose in or af-
fecting interstate commerce shall not be eligible to receive 
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any Federal economic development funds for a period of 
10 fiscal years. 
SEC. 4. INJUNCTIVE RELIEF AND RESTORATION TO OWNER. 
(a) CAUSE OF ACTION.—Any owner of private prop-
erty that is subject to a public taking described in section 
3 may bring an action in the appropriate Federal or State 
court to obtain injunctive and declaratory relief. 
(b) ATTORNEY’S FEE AND OTHER COSTS.—In any 
action or proceeding under this section, the court shall 
allow a prevailing plaintiff a reasonable attorney’s fee as 
part of the costs, and include expert fees as part of the 
attorney’s fee. 
SEC. 5. DEFINITIONS. 
As used in this Act, the following definitions apply: 
(1) PRIVATE PURPOSE.— 
(A) IN GENERAL.—The term ‘‘private pur-
pose’’, with regard to property that has been 
acquired and conveyed through a public taking, 
means the ownership, control, or use of such 
property by a private party or parties that ad-
vances the economic interests of the private 
party or parties. Such term includes but is not 
limited to the following: 
(i) Any use of such property in an 
economic development plan of which the 
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benefit to the public is increased tax rev-
enue, increased employment, or other indi-
rect benefit. 
(ii) The lease of such property to a 
private party or parties for private develop-
ment, including commercial, industrial, or 
residential development. 
(iii) Any control of such property by a 
private party that— 
(I) excludes a general public use 
or benefit; or 
(II) primarily benefits the private 
party or parties and benefits the pub-
lic indirectly. 
(B) EXCEPTIONS.—Such term shall not in-
clude— 
(i) conveying private property to pub-
lic ownership, such as for a road, hospital, 
or prison, or to an entity, such as a com-
mon carrier, that makes the property avail-
able for use by the general public as of 
right, such as a railroad, public utility, or 
public facility, or for use as a right of way, 
aqueduct, pipeline, or similar use; 
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(ii) acquiring property to eliminate 
harmful uses of the property, provided 
such uses present an imminent and sub-
stantial danger to the public health; 
(iii) leasing property to a private per-
son or entity that occupies an incidental 
part of public property or a public facility, 
such as a retail establishment on the 
ground floor of a public building; 
(iv) acquiring abandoned property; 
and 
(v) clearing defective chains of title. 
(2) 
FEDERAL
ECONOMIC
DEVELOPMENT 
FUNDS.—The term ‘‘Federal economic development 
funds’’ means any Federal funds— 
(A) administered by the Secretary of Com-
merce, the Secretary of Energy, or the Adminis-
trator of the Environmental Protection Agency, 
and distributed to or through States or political 
subdivisions of States, to the extent such funds 
are not provided to assist States or political 
subdivisions of States in complying with any re-
quirements of Federal law or regulation; or 
(B) distributed to or through States or po-
litical subdivisions of States under Federal laws 
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and whose purpose is to promote interstate 
commerce and improve or increase the size of 
the economies of States or political subdivisions 
of States. 
(3) PUBLIC TAKING.—The term ‘‘public taking’’ 
means an action by a State or political subdivision 
of a State or by any person or entity to which such 
power has been delegated that transfers all or part 
of the legal rights in property from a private owner 
to another person or to public ownership without the 
consent of the private owner. 
SEC. 6. GENERAL AUTHORIZATION OF APPROPRIATIONS 
FOR DEPARTMENT OF COMMERCE. 
There is authorized to be appropriated to the Sec-
retary of Commerce to carry out the functions of the De-
partment— 
(1) $8,919,000,000 for fiscal year 2009; 
(2) $11,974,000,000 for fiscal year 2010; 
(3) $6,953,000,000 for fiscal year 2011; 
(4) $6,691,000,000 for fiscal year 2012; and 
(5) $6,780,000,000 for fiscal year 2013. 
Æ 
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