Eminent Domain Just Compensation Act

Bill: 116-hr-440
Sponsor: full_name: Rep. Amash, Justin [R-MI-3]
Introduced: 2019-01-10
Policy area: Immigration
Subjects: Border security and unlawful immigration

Building construction

Department of Homeland Security

Executive agency funding and structure

Judicial procedure and administration

Land transfers

Property rights
Latest action: action_date: 2019-03-04
text: Referred to the Subcommittee on Immigration and Citizenship.

Summaries:
action_date: 2019-01-10
action_desc: Introduced in House
text: <p><b>Eminent Domain Just Compensation Act</b></p> <p>This bill states that when the government seeks to obtain land or land rights essential to control or guard a U.S. land border, it may not take such land or land rights until a final judgment has been issued in a condemnation proceeding initiated under judicial process. The bill also transfers the authority to obtain such land rights from the Department of Justice to the Department of Homeland Security.</p>

tv_txt: I 116th CONGRESS 1st Session H. R. 440 IN THE HOUSE OF REPRESENTATIVES January 10, 2019 Mr. Amash 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 Immigration and Nationality Act, to clarify the authority of the Secretary of Homeland Security to take property using eminent domain, and for other purposes.

1. Short title This Act may be cited as the Eminent Domain Just Compensation Act . 2. Limitation on authority of the Secretary of Homeland Security to take property using eminent domain Section 103(b) of the Immigration and Nationality Act ( 8 U.S.C. 1103(b) ) is amended— (1) by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; and (2) in paragraph (3), by striking the Act of August 1, 1888 (Chapter 728; 25 Stat. 357). and inserting the following: section 3113 of title 40, United States Code, except that notwithstanding section 3114 of title 40, United States Code, the Government may not take any land prior to the issuance of a final judgment pursuant to the proceedings under section 3113 of such title. .