[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 925 Reported in House (RH)]







                                                  Union Calendar No. 23
104th CONGRESS
  1st Session
                                H. R. 925

                          [Report No. 104-46]

  To compensate owners of private property for the effect of certain 
                        regulatory restrictions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 1995

    Mr. Canady  of Florida introduced the following bill; which was 
               referred to the Committee on the Judiciary

                           February 23, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 14, 1995]

_______________________________________________________________________

                                 A BILL


 
  To compensate owners of private property for the effect of certain 
                        regulatory restrictions.

    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 Protection Act of 
1995''.

SEC. 2. RIGHT TO COMPENSATION.

    (a) In General.--The Federal Government shall compensate an owner 
of property whose use of that property has been limited by an agency 
action that diminishes the fair market value of that property by 10 
percent or more. The amount of the compensation shall equal the 
diminution in value of the property that resulted from the agency 
action.
    (b) Duration of Limitation on Use.--Property with respect to which 
compensation has been paid under this Act shall not thereafter be used 
contrary to the limitation imposed by the agency action, even if that 
action is later rescinded or otherwise vitiated. However, if that 
action is later rescinded or otherwise vitiated, and the owner elects 
to refund the amount of the compensation, adjusted for inflation, to 
the Treasury of the United States, the property may be so used.

SEC. 3. EFFECT OF STATE LAW.

    No compensation shall be made under this Act if the use limited by 
Federal agency action is proscribed under the law of the State in which 
the property is located (other than a proscription required by a 
Federal law, either directly or as a condition for assistance). If a 
use is a nuisance as defined by the law of a State or is prohibited 
under a local zoning ordinance, that use is proscribed for the purposes 
of this subsection.

SEC. 4. EXCEPTIONS.

    (a) Prevention of Hazard to Health and Safety or Damage to Specific 
Property.--No compensation shall be made under this Act with respect to 
an agency action the purpose of which is to prevent an identifiable--
            (1) hazard to public health or safety; or
            (2) damage to specific property other than the property 
        whose use is limited.
    (b) Navigational Servitude.--No compensation shall be made under 
this Act with respect to an agency action pursuant to the Federal 
navigational servitude.

SEC. 5. PROCEDURE.

    (a) Request of Owner.--An owner seeking compensation under this Act 
shall make a written request for compensation to the agency whose 
agency action resulted in the limitation. No such request may be made 
later than 180 days after the owner receives actual notice of that 
agency action.
    (b) Negotiations.--The agency may bargain with that owner to 
establish the amount of the compensation. If the agency and the owner 
agree to such an amount, the agency shall promptly pay the owner the 
amount agreed upon.
    (c) Choice of Remedies.--If, not later than 180 days after the 
written request is made, the parties do not come to an agreement, the 
owner may choose to take the issue to binding arbitration or seek 
compensation in a civil action.
    (d) Arbitration.--The procedures that govern the arbitration shall, 
as nearly as practicable, be those established under title 9, United 
States Code, for arbitration proceedings to which that title applies. 
An award made in such arbitration shall include a reasonable attorney's 
fee and appraisal fees. The agency shall promptly pay any award made to 
the owner.
    (e) Civil Action.--An owner who does not choose arbitration, or who 
does not receive prompt payment when required by this section, may 
obtain appropriate relief in a civil action against the agency. An 
owner who prevails in a civil action under this section shall be 
entitled to, and the agency shall be liable for, a reasonable 
attorney's fee and appraisal fees. The court shall award interest on 
the amount of any compensation from the time of the limitation.
    (f) Source of Payments.--Any payment made under this section to an 
owner, and any judgment obtained by an owner in a civil action under 
this section shall, notwithstanding any other provision of law, be made 
from the annual appropriation of the agency whose action occasioned the 
payment or judgment. If the agency action resulted from a requirement 
imposed by another agency, then the agency making the payment or 
satisfying the judgment may seek partial or complete reimbursement from 
the appropriated funds of the other agency. For this purpose the head 
of the agency concerned may transfer or reprogram any appropriated 
funds available to the agency. If insufficient funds exist for the 
payment or to satisfy the judgment, it shall be the duty of the head of 
the agency to seek the appropriation of such funds for the next fiscal 
year.

SEC. 6. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``property'' means land and includes the right 
        to use or receive water;
            (2) a use of property is limited by an agency action if a 
        particular legal right to use that property no longer exists 
        because of the action;
            (3) the term ``agency action'' has the meaning given that 
        term in section 551 of title 5, United States Code, but also 
        includes the making of a grant to a public authority 
        conditioned upon an action by the recipient that would 
        constitute a limitation if done directly by the agency;
            (4) the term ``agency'' has the meaning given that term in 
        section 551 of title 5, United States Code;
            (5) the term ``State'' includes the District of Columbia, 
        Puerto Rico, and any other territory or possession of the 
        United States; and
            (6) the term ``law of the State'' includes the law of a 
        political subdivision of a State.
                                     





                                                  House Calendar No. 23

104th CONGRESS

  1st Session

                               H. R. 925

                          [Report No. 104-46]

_______________________________________________________________________

                                 A BILL

  To compensate owners of private property for the effect of certain 
                        regulatory restrictions.

_______________________________________________________________________

                           February 23, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed