An amendment numbered 4 printed in House Report 109-266 to clarify that in any proceeding to prevent or remedy a taking, the burden is on the state or agency to show that it is not for economic development as defined in the Act.

1. Inserts “In such action, the defendant has the burden to show by clear and convincing evidence tha…” after “jurisdiction.”

   InsertsPage 4, line 6Printed page

   In H.R. 4128 · Reported in House

   SEC. 4. PRIVATE RIGHT OF ACTION.

   (a) Cause of Action.--Any owner of private property who suffers injury as a result of a violation of any provision of this Act may bring an action to enforce any provision of this Act in the appropriate Federal or State court, and a State shall not be immune under the eleventh amendment to the Constitution of the United States from any such action in a Federal or State court of competent jurisdiction. [inserted: In such action, the defendant has the burden to show by clear and convincing evidence that the taking is not for economic development. ]Any such property owner may also seek any appropriate relief through a preliminary injunction or a temporary restraining order.

   (b) Limitation on Bringing Action.--An action brought under this Act may be brought if the property is used for economic development following the conclusion of any condemnation proceedings condemning the private property of such property owner, but shall not be brought later than seven years following the conclusion of any such proceedings and the subsequent use of such condemned property for economic development.

   Original wording

   Page 4, line 6, after “jurisdiction.” insert “In such action, the defendant has the burden to show by clear and convincing evidence that the taking is not for economic development.”

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

As printed