Private Property Rights Protection Act of 2005

Bill: 109-hr-4128
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2005-10-25 in the House
Policy area: Civil Rights and Liberties, Minority Issues
Subjects: Agriculture and Food
Alabama
Civil actions and liability
Community development
Congress
Congressional reporting requirements
Economic development
Economics and Public Finance
Emergency Management
Eminent domain
Farm lands
Federal aid programs
Government Operations and Politics
Government liability
Government publicity
Grants-in-aid
Housing and Community Development
Hurricane aftermath legislation
Hurricanes
Infrastructure
Injunctions
Intergovernmental fiscal relations
Land transfers
Landowners
Law
Legal fees
Limitation of actions
Louisiana
Mississippi
Public Lands and Natural Resources
Real estate development
Right of property
Rural economic development
Urban affairs

Summary:
action_date: 2005-10-25
text: 
Private Property Rights Protection Act of 2005 - Prohibits any state or political subdivision from exercising its power of eminent domain for economic development if that state or political subdivision receives federal economic development funds during the fiscal year. Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years.
 
Prohibits the federal government from exercising its power of eminent domain for economic development.
 
Establishes a private cause of action for any private property owner who suffers injury as a result of a violation of this Act. Sets the statute of limitation for such an action at seven years. Allows the prevailing plaintiff's attorney to obtain reasonable attorney's fees and expert fees.
 
Requires the Attorney General to: (1) compile a list of the federal laws under which federal economic development funds are distributed; (2) provide to each state and publish on a Department of Justice website the text of this Act, a description of the rights of property owners under this Act, and the compiled list of relevant federal laws; and (3) publish such text and description in the Federal Register.
 
Requires the Attorney General to submit an annual report to the Chairman and Ranking Member of the appropriate congressional committees identifying states or political subdivisions that have used eminent domain in violation of this Act.

action_date: 2005-10-31
text: 
Private Property Rights Protection Act of 2005 - (Sec. 2) Prohibits any state or political subdivision from exercising its power of eminent domain for economic development if that state or political subdivision receives federal economic development funds during the fiscal year. (Defines &quot;economic development&quot; as taking private property and conveying or leasing it to a private entity for commercial enterprise carried on for profit or to increase tax revenue, the tax base, employment, or general economic health.) Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years. Provides that such a state or political subdivision is not ineligible for such funds if it returns all real property that was improperly taken and replaces or repairs any property that was destroyed or damaged. 
 
(Sec. 3) Prohibits the federal government from exercising its power of eminent domain for economic development.
 
(Sec. 4) Establishes a private cause of action for any private property owner who suffers injury as a result of a violation of this Act. Provides that a state is not immune from any such action in a federal or state court. Sets the statute of limitations for such an action at seven years. Allows the prevailing plaintiff's attorney to obtain reasonable attorney's fees and expert fees.
 
(Sec. 5) Requires the Attorney General to: (1) compile a list of the federal laws under which federal economic development funds are distributed; (2) provide to each state and publish on a Department of Justice website the text of this Act, a description of the rights of property owners under this Act, and the compiled list of relevant federal laws; and (3) publish such text and description in the Federal Register.
 
(Sec. 6) Requires the Attorney General to submit an annual report to the House and Senate Judiciary Committees identifying states or political subdivisions that have used eminent domain in violation of this Act, that have lost federal economic developments funds as a result, and/or that returned property to cure a violation.
 
(Sec. 7) Expresses the sense of Congress that: (1) the use of eminent domain for economic development is a threat to agricultural and other property in rural America; and (2) it is the policy of the United States to promote the private ownership of property and to protect the legal rights of private property owners.

action_date: 2005-11-03
text: 
Private Property Rights Protection Act of 2005 - (Sec. 2) Prohibits any state or political subdivision from exercising its power of eminent domain for economic development if that state or political subdivision receives federal economic development funds during the fiscal year. (Defines &quot;economic development&quot; as taking private property and conveying or leasing it to a private entity for commercial enterprise carried on for profit or to increase tax revenue, the tax base, employment, or general economic health.) Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years. Provides that such a state or political subdivision is not ineligible for such funds if it returns all real property that was improperly taken and replaces or repairs any property that was destroyed or damaged.
 
(Sec. 3) Prohibits the federal government from exercising its power of eminent domain for economic development.
 
(Sec. 4) Establishes a private cause of action for any private property owner who suffers injury as a result of a violation of this Act. Provides that a state is not immune from any such action in a federal or state court. Places the burden on the defendant to show by clear and convincing evidence that the taking is not for economic development. Sets the statute of limitations for such an action at seven years. Allows the prevailing plaintiff's attorney to obtain reasonable attorney's fees and expert fees.
 
(Sec. 5) Requires the Attorney General to: (1) compile a list of the federal laws under which federal economic development funds are distributed; (2) provide to each state and publish on a Department of Justice website the text of this Act, a description of the rights of property owners under this Act, and the compiled list of relevant federal laws; and (3) publish such text and description in the Federal Register.
 
(Sec. 6) Requires the Attorney General to submit an annual report to the House and Senate Judiciary Committees identifying states or political subdivisions that have used eminent domain in violation of this Act, that have lost federal economic developments funds as a result, and/or that returned property to cure a violation.
 
(Sec. 7) Expresses the sense of Congress that: (1) the use of eminent domain for economic development is a threat to agricultural and other property in rural America; and (2) it is the policy of the United States to promote the private ownership of property and to protect the legal rights of private property owners.
 
(Sec. 13) Prohibits a state or political subdivision from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality if that state or political subdivision receives federal economic development funds during the fiscal year. Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years.
 
Prohibits the federal government from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality.
 
(Sec. 14) Requires the head of each executive department and agency to review all rules, regulations, and procedures and report to the Attorney General on their activities to comply with this Act.
 
(Sec. 15) Expresses the sense of Congress that all precautions should be taken to avoid the unfair or unreasonable taking of property from survivors of Hurricane Katrina for economic development or other private use.


Legislative actions:
action_date: 2005-11-04
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2005-11-03
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-11-03
text: On passage Passed by the Yeas and Nays: 376 - 38 (Roll no. 568).
action_date: 2005-11-03
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 376 - 38 (Roll no. 568).
action_date: 2005-11-03
text: The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H9589-9590)
action_date: 2005-11-03
text: The previous question was ordered pursuant to the rule. (consideration: CR H9604)
action_date: 2005-11-03
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4128.
action_date: 2005-11-03
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2005-11-03
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Watt amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Watt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Watt amendment until later in the legislative day.
action_date: 2005-11-03
text: DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Watt amendment.
action_date: 2005-11-03
text: DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson-Lee amendment.
action_date: 2005-11-03
text: DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Cuellar amendment.
action_date: 2005-11-03
text: DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Gingrey amendment.
action_date: 2005-11-03
text: DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Gary Miller amendment.
action_date: 2005-11-03
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Turner amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Turner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Turner amendment until later in the legislative day.
action_date: 2005-11-03
text: DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Turner amendment.
action_date: 2005-11-03
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Moran (VA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Sensenbrenner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Moran (VA) amendment until later in the legislative day.
action_date: 2005-11-03
text: DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Moran (VA) amendment.
action_date: 2005-11-03
text: DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Sodrel amendment.
action_date: 2005-11-03
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Nadler amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Sensenbrenner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Nadler amendment until later in the legislative day.
action_date: 2005-11-03
text: DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Nadler amendment.
action_date: 2005-11-03
text: DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Sensenbrenner amendment.
action_date: 2005-11-03
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour and 30 minutes of general debate on H.R. 4128.
action_date: 2005-11-03
text: The Speaker designated the Honorable John Kline to act as Chairman of the Committee.
action_date: 2005-11-03
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 527 and Rule XVIII.
action_date: 2005-11-03
text: Rule provides for consideration of H.R. 4128 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
action_date: 2005-11-03
text: Considered under the provisions of rule H. Res. 527. (consideration: CR H9569-9605)
action_date: 2005-11-03
text: Supplemental report filed by the Committee on Judiciary, H. Rept. 109-262, Part II.
action_date: 2005-11-03
text: Supplemental report filed by the Committee on Judiciary, H. Rept. 109-262, Part II.
action_date: 2005-11-03
text: PERMISSION TO FILE REPORT - Mr. Sensenbrenner asked unanimous consent that the Committee on the Judiciary be permitted to file a supplemental report on H.R. 4128 prior to the comopletion of its consideration. Agreed to without objection.
action_date: 2005-11-03
text: Rule H. Res. 527 passed House.
action_date: 2005-11-02
text: Rules Committee Resolution H. Res. 527 Reported to House. Rule provides for consideration of H.R. 4128 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
action_date: 2005-10-31
text: Placed on the Union Calendar, Calendar No. 143.
action_date: 2005-10-31
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-262.
action_date: 2005-10-31
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-262.
action_date: 2005-10-27
text: Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 3.
action_date: 2005-10-27
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-10-25
text: Referred to the House Committee on the Judiciary.
action_date: 2005-10-25
text: Introduced in House
action_date: 2005-10-25
text: Introduced in House