An amendment numbered 1 printed in House report 109-266 to make clear that private roads that are open to the public, free or by toll, and flood control facilities are covered under the exceptions to the bill; to include a savings clause making clear that nothing in the legislation shall be construed to affect the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (which requires the Federal government to pay the displacement costs of those adversely affected by the Federal government's exercise of eminent domain); and to incorporate into the bill's Sense of Congress section some language provided by the Resources Committee regarding the effect of the abuse of eminent domain on irrigation and reclamation projects, and on public lands.

1. 1

   Change 1: Rewrites page 9, lines 1–7

   ReplacesPrinted page

   Removes page 9, lines 1–7 of the printed bill. See that page

   Inserted: (A) conveying private property--

   Inserted: (i) to public ownership, such as for a road, hospital, airport, or military base;

   Inserted: (ii) to an entity, such as a common carrier, that makes the property available to the general public as of right, such as a railroad or public facility;

   Inserted: (iii) for use as a road or other right of way or means, open to the public for transportation, whether free or by toll;

   Inserted: (iv) for use as an aqueduct, flood control facility, pipeline, or similar use;

   Original wording

   Page 9, strike lines 1 through 7, and insert the following:

2. 2

   Change 2: Inserts “The taking of farmland and rural property will have a direct impact on existing irrigatio…” after “States.”

   InsertsPage 8, line 7Printed page

   …States.[inserted: The taking of farmland and rural property will have a direct impact on existing irrigation and reclamation projects. Furthermore, the use of eminent domain to take rural private property for private commercial uses will force increasing numbers of activities from private property onto this Nation's public lands, including its National forests, National parks and wildlife refuges. This increase can overburden the infrastructure of these lands, reducing the enjoyment of such lands for all citizens.]…

   Original wording

   Page 8, line 7, after “States.” insert the following: “The taking of farmland and rural property will have a direct impact on existing irrigation and reclamation projects. Furthermore, the use of eminent domain to take rural private property for private commercial uses will force increasing numbers of activities from private property onto this Nation's public lands, including its National forests, National parks and wildlife refuges. This increase can overburden the infrastructure of these lands, reducing the enjoyment of such lands for all citizens.”.

3. 3

   Change 3: Adds SEC. __. LIMITATION ON STATUTORY CONSTRUCTION at the end of the bill

   Adds a section

   In H.R. 4128 · Reported in House

   This Act shall be construed in favor of a broad protection of private property rights, to the maximum extent permitted by the terms of this Act and the Constitution. Union Calendar No. 143

   Inserted: SEC. __. LIMITATION ON STATUTORY CONSTRUCTION.

   Inserted: Nothing in this Act may be construed to supersede, limit, or otherwise affect any provision of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

   Original wording

   Add at the end the following new section:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed