[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2006 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2006

 To require Federal agencies to prepare private property taking impact 
                   analyses, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             March 25 (legislative day, February 22), 1994

Mr. Dole (for himself, Mr. Heflin, Mr. Craig, and Mr. Brown) introduced 
the following bill; which was read twice and referred to the Committee 
                        on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To require Federal agencies to prepare private property taking impact 
                   analyses, 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 Act of 
1994''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the protection of private property from a taking by the 
        Government without just compensation is an integral protection 
        for private citizens incorporated into the Constitution by the 
        Fifth Amendment and made applicable to the States by the 
        Fourteenth Amendment; and
            (2) Federal agencies should take into consideration the 
        impact of Governmental actions on the use and ownership of 
        private property.

SEC. 3. PURPOSE.

    The Congress, recognizing the important role that the use and 
ownership of private property plays in ensuring the economic and social 
well-being of the Nation, declares that it is the policy of the Federal 
Government to use all practicable means and measures to minimize 
takings of private property by the Federal Government.

SEC. 4. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``agency'' means an Executive agency as 
        defined under section 105 of title 5, United States Code, and--
                    (A) includes the United States Postal Service; and
                    (B) does not include the General Accounting Office; 
                and
            (2) the term ``taking of private property'' means any 
        action whereby private property is taken in such a way as to 
        require compensation under the Fifth Amendment to the United 
        States Constitution.

SEC. 5. PRIVATE PROPERTY TAKING IMPACT ANALYSIS.

    (a) In General.--The Congress authorizes and directs that, to the 
fullest extent possible--
            (1) the policies, regulations, and public laws of the 
        United States shall be interpreted and administered in 
        accordance with the policies under this Act; and
            (2) all agencies of the Federal Government shall submit a 
        certification to the Attorney General of the United States that 
        a private property taking impact analysis has been completed 
        before issuing or promulgating any policy, regulation, 
        proposal, recommendation (including any recommendation or 
        report on proposal for legislation), or related agency action 
        which could result in a taking or diminution of use or value of 
        private property.
    (b) Content of Analysis.--A private property taking impact analysis 
shall be a written statement that includes--
            (1) the specific purpose of the policy, regulation, 
        proposal, recommendation, or related agency action;
            (2) an assessment of whether a taking of private property 
        may occur under such policy, regulation, proposal, 
        recommendation, or related agency action;
            (3) the effect of the policy, regulation, proposal, 
        recommendation, or related agency action on the use or value of 
        private property, including an evaluation of whether such 
        policy, regulation, proposal, recommendation, or related agency 
        action requires compensation to private property owners;
            (4) alternatives to the policy, regulation, proposal, 
        recommendation, or related agency action that would lessen the 
        adverse effects on the use or value of private property;
            (5) an estimate of the cost to the Federal Government if 
        the Government is required to compensate a private property 
        owner; and
            (6) an estimate of the reduction in use or value of any 
        affected private property as a result of such policy, 
        regulation, proposal, recommendation, or related agency action.
    (c) Public Availability of Analysis.--An agency shall--
            (1) make each private property taking impact analysis 
        available to the public; and
            (2) to the greatest extent practicable, transmit a copy of 
        such analysis to the owner or any other person with a property 
        right or interest in the affected property.
    (d) Presumptions in Proceedings.--For the purpose of any agency 
action or administrative or judicial proceeding, there shall be a 
rebuttable presumption that the costs, values, and estimates in any 
private property takings impact analysis shall be outdated and 
inaccurate, if--
            (1) such analysis was completed 5 years or more before the 
        date of such action or proceeding; and
            (2) such costs, values, or estimates have not been modified 
        within the 5-year period preceding the date of such action or 
        proceeding.

SEC. 6. RULES OF CONSTRUCTION.

    Nothing in this Act shall be construed to--
            (1) limit any right or remedy, or bar any claim of any 
        person relating to such person's property under any other law, 
        including claims made under section 1346 or 1402 of title 28, 
        or chapter 91 of title 28; or
            (2) constitute a conclusive determination of the value of 
        any property for purposes of an appraisal for the acquisition 
        of property, or for the determination of damages.

SEC. 7. STATUTE OF LIMITATIONS.

    No action may be filed in a court of the United States to enforce 
the provisions of this Act on or after the date occurring 6 years after 
the date of the submission of the certification of the applicable 
private property taking impact analysis with the Attorney General.

SEC. 8. EFFECTIVE DATE.

    The provisions of this Act shall take effect 120 days after the 
date of the enactment of this Act.

                                 <all>