S.Amdt. 1696
What it does: Adds SECTION 522. PROTECTION OF HOMES, SMALL BUSINESSES, AND OTHER PRIVATE PROPERTY RIGHTS on page 190, line 14
Sen. John E. Sununu (R-NH)What it changes
1 change to H.R. 2862
Adds SECTION 522. PROTECTION OF HOMES, SMALL BUSINESSES, AND OTHER PRIVATE PROPERTY RIGHTS on page 190, line 14
Adds a sectionPrinted pageInserted: SECTION 522. PROTECTION OF HOMES, SMALL BUSINESSES, AND OTHER PRIVATE PROPERTY RIGHTS.
Inserted: (a) Protection of Homes, Small Businesses, and Other Private Property Rights.--A taking or condemnation of any real property under the power of eminent domain pursuant to the Fifth Amendment of the United States Constitution, or under any relevant State constitution, statute, or regulation, shall be only for public use.
Inserted: (b) Application.--The requirement under subsection (a) shall apply to all exercises of the power of eminent domain by--
Inserted: (1) the Federal Government; or
Inserted: (2) any State or local government.
Inserted: (c) Denial of Funds.--Any State or local government violating the requirement of subsection (a) shall not be eligible to receive any benefits or assistance from the Economic Development Administration, as that Administration is authorized to provide such benefits and assistance under the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.).
Inserted: (d) Definitions.--In this section:
Inserted: (1) Public use.--The term "public use"--
Inserted: (A) means any use of property acquired by eminent domain for a public purpose; and
Inserted: (B) does not include economic development.
Inserted: (2) State.--The term "State or local government" means--
Inserted: (A) a State, county, municipality, or other governmental entity created under the authority of a State;
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Inserted: (B) any branch, department, agency, instrumentality, or official of an entity listed in subparagraph (A); and
Inserted: (C) any other person acting under color of State law.
Original wording
On page 190, after line 14, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1696. Mr. SUNUNU submitted an amendment intended to be proposed by him to the bill H.R. 2862, making appropriations for Science, the Departments of State, Justice, and Commerce, and related agencies for the fiscal year ending September 30, 2006, and for other purposes; which was ordered to lie on the table; as follows:
On page 190, after line 14, insert the following:
SECTION 522. PROTECTION OF HOMES, SMALL BUSINESSES, AND OTHER PRIVATE PROPERTY RIGHTS.
(a) Protection of Homes, Small Businesses, and Other Private Property Rights.--A taking or condemnation of any real property under the power of eminent domain pursuant to the Fifth Amendment of the United States Constitution, or under any relevant State constitution, statute, or regulation, shall be only for public use.
(b) Application.--The requirement under subsection (a) shall apply to all exercises of the power of eminent domain by--
(1) the Federal Government; or
(2) any State or local government.
(c) Denial of Funds.--Any State or local government violating the requirement of subsection (a) shall not be eligible to receive any benefits or assistance from the Economic Development Administration, as that Administration is authorized to provide such benefits and assistance under the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.).
(d) Definitions.--In this section:
(1) Public use.--The term “public use”--
(A) means any use of property acquired by eminent domain for a public purpose; and
(B) does not include economic development.
(2) State.--The term “State or local government” means--
(A) a State, county, municipality, or other governmental entity created under the authority of a State;
(B) any branch, department, agency, instrumentality, or official of an entity listed in subparagraph (A); and
(C) any other person acting under color of State law.
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Senate amendment submitted
September 13, 2005