IIB 
109TH CONGRESS 
2D SESSION 
H. R. 4772 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2006 
Received 
NOVEMBER 13, 2006 
Read twice and referred to the Committee on the Judiciary 
AN ACT 
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. 
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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 
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 if the party seeking redress does not allege a viola-
tion of a State law, right, or privilege, and no parallel pro-
ceeding is pending in State court, at the time the action 
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 ac-
tion under subsection (a) in which the operative facts con-
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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 so certified, 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) is necessary to resolve the merits of the 
Federal 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 
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, 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 de-
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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) one meaningful application to use the 
property 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, 
ordinance, regulation, custom, or usage provides a 
mechanism for waiver by or appeal to an administra-
tive 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.’’. 
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, which causes 
actual and concrete injury to the party seeking redress. 
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‘‘(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 
property 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 
the relief requested, or if pursuit of such a mechanism 
would otherwise be futile.’’. 
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 
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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 
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) one meaningful application to use the 
property has been submitted but denied, and 
the party seeking redress has applied for but is 
denied one waiver and one appeal, if the appli-
cable statute, ordinance, regulation, custom, or 
usage 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 subpara-
graph (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.’’. 
SEC. 5. CLARIFICATION FOR CERTAIN CONSTITUTIONAL 
PROPERTY RIGHTS CLAIMS. 
Section 1979 of the Revised Statutes of the United 
States (42 U.S.C. 1983) is amended by adding at the end 
the following: ‘‘If the party injured seeks to redress the 
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deprivation of a property right or privilege under this sec-
tion that is secured by the Constitution by asserting a 
claim that concerns— 
‘‘(1) an approval to develop real property that 
is subject to conditions or exactions, then the person 
acting under color of State law is liable if any such 
condition or exaction, whether legislative or adju-
dicatory in nature, including but not limited to the 
payment of a monetary fee or a dedication of real 
property from the injured party, is unconstitutional; 
‘‘(2) a subdivision of real property pursuant to 
any statute, ordinance, regulation, custom, or usage 
of any State or territory, or the District of Colum-
bia, then such a claim shall be decided with ref-
erence to each subdivided lot, regardless of owner-
ship, if such a lot is taxed, or is otherwise treated 
and recognized, as an individual property unit by the 
State, territory, or the District of Columbia; or 
‘‘(3) alleged deprivation of substantive due 
process, then the action of the person acting under 
color of State law shall be judged as to whether it 
is arbitrary, capricious, an abuse of discretion, or 
otherwise not in accordance with law. 
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For purposes of the preceding sentence, ‘State law’ in-
cludes any law of the District of Columbia or of any terri-
tory of the United States.’’. 
SEC. 6. CLARIFICATION FOR CERTAIN CONSTITUTIONAL 
PROPERTY RIGHTS CLAIMS AGAINST THE 
UNITED STATES. 
(a) DISTRICT COURT JURISDICTION.—Section 1346 
of title 28, United States Code, is amended by adding at 
the end the following: 
‘‘(i) If a claim brought under subsection (a) is found-
ed upon a property right or privilege secured by the Con-
stitution that concerns— 
‘‘(1) an approval from an executive agency to 
permit or authorize uses of real property that is sub-
ject to conditions or exactions, then the United 
States is liable if any such condition or exaction, 
whether legislative or adjudicatory in nature, includ-
ing but not limited to the payment of a monetary fee 
or a dedication of real property from the injured 
party, is unconstitutional; 
‘‘(2) a subdivision of real property pursuant to 
any statute, ordinance, regulation, custom, or usage 
of any State or territory, or the District of Colum-
bia, then such a claim against an executive agency 
shall be decided with reference to each subdivided 
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lot, regardless of ownership, if such a lot is taxed, 
or is otherwise treated and recognized, as an indi-
vidual property unit by the State or territory, or the 
District of Columbia, as the case may be; or 
‘‘(3) an alleged deprivation of substantive due 
process, then the United States shall be judged as 
to whether its action is arbitrary, capricious, an 
abuse of discretion, or otherwise not in accordance 
with law. 
In this subsection, the term ‘executive agency’ has the 
meaning given that term in section 105 of title 5.’’. 
(b) COURT OF FEDERAL CLAIMS JURISDICTION.— 
Section 1491 of title 28, United States Code, is amended 
by adding at the end the following: 
‘‘(4) If a claim brought under subsection (a) is found-
ed upon a property right or privilege secured by the Con-
stitution that concerns— 
‘‘(A) an approval from an executive agency to 
permit or authorize uses of real property that is sub-
ject to conditions or exactions, then the United 
States is liable if any such condition or exaction, 
whether legislative or adjudicatory in nature, includ-
ing but not limited to the payment of a monetary fee 
or a dedication of real property from the injured 
party, is unconstitutional; 
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‘‘(B) a subdivision of real property pursuant to 
any statute, ordinance, regulation, custom, or usage 
of any State or territory, or the District of Colum-
bia, then such a claim against an executive agency 
shall be decided with reference to each subdivided 
lot, regardless of ownership, if such a lot is taxed, 
or is otherwise treated and recognized, as an indi-
vidual property unit by the State, or territory, or the 
District of Columbia, as the case may be; or 
‘‘(C) an alleged deprivation of substantive due 
process, then the United States shall be judged as 
to whether its action is arbitrary, capricious, an 
abuse of discretion, or otherwise not in accordance 
with law. 
In this paragraph, the term ‘executive agency’ has the 
meaning given that term in section 105 of title 5.’’. 
SEC. 7. DUTY OF NOTICE TO OWNERS. 
(a) IN GENERAL.—Whenever a Federal agency takes 
an agency action limiting the use of private property that 
may be affected by the amendments by this Act, the agen-
cy shall, not later than 30 days after the agency takes 
that action, give notice to the owners of that property ex-
plaining their rights under such amendments and the pro-
cedures for obtaining any compensation that may be due 
them under such amendments. 
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(b) DEFINITIONS.—For purposes of subsection (a)— 
(1) the term ‘‘Federal agency’’ means ‘‘agen-
cy’’, as that term is defined in section 552(f) of title 
5, United States Code; and 
(2) the term ‘‘agency action’’ has the meaning 
given that term in section 551 of title 5, United 
States Code. 
SEC. 8. SEVERABILITY AND EFFECTIVE DATE. 
(a) SEVERABILITY.—If any provision of this Act or 
the amendments made by this Act or the application there-
of to any person or circumstance is held invalid, the re-
mainder of this Act, the amendments made by this Act, 
or the application thereof to other persons not similarly 
situated or to other circumstances shall not be affected 
by such invalidation. 
(b) EFFECTIVE DATE.—The amendments made by 
this Act shall apply to actions commenced on or after the 
date of the enactment of this Act. 
Passed the House of Representatives September 29, 
2006. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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