[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4772 Referred in Senate (RFS)]
2d Session
H. R. 4772
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30 (legislative day, September 29), 2006
Received
November 13, 2006
Read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
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.
Attest:
KAREN L. HAAS,
Clerk.