Private Property Rights Implementation Act of 2006

Bill: 109-hr-4772
Sponsor: Rep. Chabot, Steve [R-OH-1]
Introduced: 2006-02-16 in the House
Policy area: Law
Subjects: Civil Rights and Liberties, Minority Issues
Civil actions and liability
Civil procedure
Claims
Courts of special jurisdiction
District courts
Due process of law
Eminent domain
Evidence (Law)
Government Operations and Politics
Government liability
Government publicity
Judicial review
Jurisdiction
Real estate development
Right of property
State courts
State laws
Zoning and zoning law

Summary:
action_date: 2006-02-16
text: 
Private Property Rights Implementation Act of 2005 - Amends the federal judicial code to provide that, whenever a district court exercises jurisdiction in civil rights cases in which the operative facts concern the uses of real property, it shall not abstain from exercising such jurisdiction, or relinquish it to a state court, if the party seeking redress does not allege a violation of a state law, right, or privilege, and no parallel proceeding is pending in state court that arises out of the same operative facts as the district court proceeding.
 
Declares that in an action in which operative facts concern the uses of real property, the district court shall exercise jurisdiction even if the party seeking redress does not pursue judicial remedies provided by a state or territory. Provides for referral of an unsettled question of state law to the state's highest appellate court. Prohibits the district court from certifying a question of state law unless it is necessary to resolve the merits of the injured party's federal claim, and such question is patently unclear.
 
Declares that any claim or action 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 law, regulation, custom, or usage of any state or U.S. territory that causes actual and concrete injury to the party seeking redress.
 

 
Declares that any claim founded upon a property right or privilege secured by the Constitution, but 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.
 
Amends the Revised Statutes of the United States with respect to certain Constitutional property rights claims.

Requires a federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments. 

action_date: 2006-09-14
text: 
Private Property Rights Implementation Act of 2006 - (Sec. 2) Amends the federal judicial code to provide that, whenever a district court exercises jurisdiction in civil rights cases in which the operative facts concern the uses of real property, it shall not abstain from exercising such jurisdiction, or relinquish it to a state court, if the party seeking redress does not allege a violation of a state law, right, or privilege, and no parallel proceeding 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.
 
Declares that in an action in which operative facts concern the uses of real property, the district court shall exercise jurisdiction even if the party seeking redress does not pursue judicial remedies provided by a state or territory. Provides for referral of an unsettled question of state law to the state's highest appellate court. Prohibits the district court from certifying a question of state law unless it is necessary to resolve the merits of the injured party's federal claim, and such question is patently unclear.

Declares that any claim or action 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 law, regulation, custom, or usage of any state or U.S. territory that causes actual and concrete injury to the party seeking redress.
 
(Sec. 3) Declares that any claim founded upon a property right or privilege secured by the Constitution, but 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.
 
(Sec. 5) Amends the Revised Statutes of the United States with respect to certain Constitutional property rights claims.
 
(Sec. 6) Provides for the liability of the United States for certain claims, brought under U.S. district court jurisdiction or Court of Federal Claims jurisdiction, where the claim is founded upon a property right or privilege secured by the Constitution.
 
Makes the United States liable for a claim where an executive agency has permitted or authorized uses of real property subject to conditions or exactions, if any such condition or exaction, whether legislative or adjudicatory in nature, including the payment of a monetary fee or a dedication of real property from the injured party, is unconstitutional.
 
Declares that whenever a claim against an executive agency concerns a subdivision of real property pursuant to any state or territorial law, regulation, custom, or usage, then it shall be decided with reference to each subdivided lot, regardless of ownership, if such a lot is taxed, or otherwise treated and recognized by the state or territory, as an individual property unit.
 
States that, if a claim alleges deprivation of substantive due process, 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.
 
(Sec. 7) Requires a federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments.

action_date: 2006-09-29
text: 

(This measure has not been amended since it was reported to the House on September 14, 2006. The summary of that version is repeated here.)

 
Private Property Rights Implementation Act of 2006 - (Sec. 2) Amends the federal judicial code to provide that, whenever a district court exercises jurisdiction in civil rights cases in which the operative facts concern the uses of real property, it shall not abstain from exercising such jurisdiction, or relinquish it to a state court, if the party seeking redress does not allege a violation of a state law, right, or privilege, and no parallel proceeding 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.
 
Declares that in an action in which operative facts concern the uses of real property, the district court shall exercise jurisdiction even if the party seeking redress does not pursue judicial remedies provided by a state or territory. Provides for referral of an unsettled question of state law to the state's highest appellate court. Prohibits the district court from certifying a question of state law unless it is necessary to resolve the merits of the injured party's federal claim, and such question is patently unclear.
 
Declares that any claim or action 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 law, regulation, custom, or usage of any state or U.S. territory that causes actual and concrete injury to the party seeking redress.
 
(Sec. 3) Declares that any claim founded upon a property right or privilege secured by the Constitution, but 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.
 
(Sec. 5) Amends the Revised Statutes of the United States with respect to certain Constitutional property rights claims.
 
(Sec. 6) Provides for the liability of the United States for certain claims, brought under U.S. district court jurisdiction or Court of Federal Claims jurisdiction, where the claim is founded upon a property right or privilege secured by the Constitution.
 
Makes the United States liable for a claim where an executive agency has permitted or authorized uses of real property subject to conditions or exactions, if any such condition or exaction, whether legislative or adjudicatory in nature, including the payment of a monetary fee or a dedication of real property from the injured party, is unconstitutional.
 
Declares that whenever a claim against an executive agency concerns a subdivision of real property pursuant to any state or territorial law, regulation, custom, or usage, then it shall be decided with reference to each subdivided lot, regardless of ownership, if such a lot is taxed, or otherwise treated and recognized by the state or territory, as an individual property unit.
 
States that, if a claim alleges deprivation of substantive due process, 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.
 
(Sec. 7) Requires a federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments.


Legislative actions:
action_date: 2006-11-13
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2006-09-30
text: Received in the Senate.
action_date: 2006-09-29
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2006-09-29
text: On passage Passed by the Yeas and Nays: 231 - 181 (Roll no. 511). (text: CR H7916-7917)
action_date: 2006-09-29
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 231 - 181 (Roll no. 511).(text: CR H7916-7917)
action_date: 2006-09-29
text: POSTPONED PROCEEDINGS - The Chair put the question on adoption of the bill H.R. 4772 and announced that by voice vote, the ayes had prevailed. Mr. Nadler demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of H.R. 4772 until later in the legislative day.
action_date: 2006-09-29
text: The previous question was ordered pursuant to the rule. (consideration: CR H7925)
action_date: 2006-09-29
text: DEBATE - The House resumed debate on H.R. 4772.
action_date: 2006-09-29
text: DEBATE - The House proceeded with one hour of debate on H.R. 4772.
action_date: 2006-09-29
text: Rule provides for consideration of H.R. 4772 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted.
action_date: 2006-09-29
text: Considered under the provisions of rule H. Res. 1047. (consideration: CR H7916-7925, H7990-7991)
action_date: 2006-09-27
text: Rules Committee Resolution H. Res. 1047 Reported to House. Rule provides for consideration of H.R. 4772 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted.
action_date: 2006-09-26
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2006-09-26
text: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 234 - 172 (Roll no. 477).
action_date: 2006-09-26
text: Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 234 - 172 (Roll no. 477).
action_date: 2006-09-26
text: Considered as unfinished business. (consideration: CR H7370)
action_date: 2006-09-25
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2006-09-25
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 4772.
action_date: 2006-09-25
text: Considered under suspension of the rules. (consideration: CR H6965-6971, H6993; text of measure as introduced: CR H6965-6966)
action_date: 2006-09-25
text: Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
action_date: 2006-09-14
text: Placed on the Union Calendar, Calendar No. 391.
action_date: 2006-09-14
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-658.
action_date: 2006-09-14
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-658.
action_date: 2006-07-12
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2006-07-12
text: Committee Consideration and Mark-up Session Held.
action_date: 2006-07-07
text: Subcommittee on the Constitution Discharged.
action_date: 2006-06-08
text: Subcommittee Hearings Held.
action_date: 2006-05-23
text: Referred to the Subcommittee on the Constitution.
action_date: 2006-02-16
text: Referred to the House Committee on the Judiciary.
action_date: 2006-02-16
text: Introduced in House
action_date: 2006-02-16
text: Introduced in House