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Private
Property Rights Implementation Act of 2006 (Engrossed as Agreed to or
Passed by House)
109th
CONGRESS
2d
Session
H.
R. 4772
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.
HR
4772 EH
109th
CONGRESS
2d
Session
H.
R. 4772
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.
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 `Private Property Rights Implementation Act of
2006'.
SEC.
2. JURISDICTION IN CIVIL RIGHTS CASES CONCERNING 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 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.
`(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 action under subsection
(a) in which the operative facts concern 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 statute, ordinance, regulation,
custom, or usage, of any State or territory of the United States, makes
a definitive decision 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 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 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.
`(2)
For purposes of this subsection, 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 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 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, that causes actual and concrete
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 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 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 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.
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 deprivation of a property right or privilege under this
section 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 adjudicatory 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 Columbia, then such a claim 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 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.
For
purposes of the preceding sentence, `State law' includes any law of the
District of Columbia or of any territory 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 founded upon a property right
or privilege secured by the Constitution that concerns--
`(1)
an approval from an executive agency to permit or authorize uses of real
property that is subject to conditions or exactions, then the United
States is liable if any such condition or exaction, whether legislative
or adjudicatory 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 Columbia, 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
individual 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 founded upon a property right
or privilege secured by the Constitution that concerns--
`(A)
an approval from an executive agency to permit or authorize uses of real
property that is subject to conditions or exactions, then the United
States is liable if any such condition or exaction, whether legislative
or adjudicatory 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;
`(B)
a subdivision of real property pursuant to any statute, ordinance,
regulation, custom, or usage of any State or territory, or the District
of Columbia, 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
individual 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 agency shall, not later than 30 days after the agency
takes that action, give notice to the owners of that property explaining
their rights under such amendments and the procedures for obtaining any
compensation that may be due them under such amendments.
(b)
Definitions- For purposes of subsection (a)--
(1)
the term `Federal agency' means `agency', 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 thereof to any person or circumstance is
held invalid, the remainder 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.
NOTE: In accordance with Title 17 U.S.C. section 107, any copyrighted
material herein is distributed without profit or payment to those
who have
expressed a prior interest in receiving this information for
non-profit
research and educational purposes only. For more information go
to:
http://www.law.cornell.edu/uscode/17/107.shtml