Title: Preventing the Taking of Americans’ Land to Build Trump’s Wall Act
Policy area: Immigration

Summary:
Preventing the Taking of Americans' Land to Build Trump's Wall Act
This bill restricts the government's ability to seize private land rights for physical barriers, or roads between ports of entry, along the U.S.-Mexico border. Before taking possession of or altering such private land, the Department of Homeland Security shall certify to Congress that each property owner has received just compensation as established in a judicial condemnation proceeding.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1234 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1234

To amend the Homeland Security Act of 2002 to prohibit seizing private 
            land for a border wall, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2019

 Mr. Vela (for himself and Mr. Thompson of Mississippi) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committee on Homeland Security, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Homeland Security Act of 2002 to prohibit seizing private 
            land for a border wall, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing the Taking of Americans' 
Land to Build Trump's Wall Act''.

SEC. 2. PROHIBITIONS ON SEIZING PRIVATE LAND FOR A BORDER WALL.

    (a) In General.--Subtitle H of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the 
following new section:

``SEC. 890B. LIMITATION ON SEIZING PRIVATE LAND FOR A BORDER WALL 
              SYSTEM.

    ``(a) In General.--Notwithstanding subsections (b)(1), (b)(2), 
(c)(1), and (d)(1) of section 3114 of title 40, United States Code, or 
any other provision of law, until such time as the Secretary submits to 
Congress a certification that each property owner whose property the 
United States Government seeks to condemn or acquire for the purpose of 
constructing or installing additional physical barriers or roads 
between ports of entry along the land border with Mexico has received 
payment that each such property owner accepts as just compensation as 
established by judgment at the conclusion of the judicial process under 
section 3113 of such title, the following prohibitions shall apply with 
respect to each such property owner and the property of such property 
owner:
            ``(1) The Government may not take possession of or title to 
        the property of such property owner.
            ``(2) The Government may not alter in any way the property 
        of such property owner.
    ``(b) Definition.--In this section, the term `property' means land, 
including an estate or interest in land, including an easement or right 
of way in land.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 890A the following new item:

``Sec. 890B. Limitation on seizing private land for a border wall 
                            system.''.
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