[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1534 Referred in Senate (RFS)]

  1st Session
                                H. R. 1534


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 5, 1997

                                Received

                           November 13, 1997

       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, secured by 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; to prevent Federal courts from abstaining from exercising Federal 
            jurisdiction in actions where no State law claim

        is alleged; to permit certification of unsettled State law 
        questions that are essential to resolving Federal claims 
        arising under the Constitution; and to clarify when government 
        action is sufficiently final to ripen certain Federal claims 
        arising under the Constitution.
    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 1997''.

SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES.

    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 in an action where no 
claim of a violation of a State law, right, or privilege is alleged, 
and where a parallel proceeding in State court arising out of the same 
operative facts as the district court proceeding is not pending.
    ``(d) Where 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 certified to it, 
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) will significantly affect the merits of the injured 
        party's Federal claim; and
            ``(2) is patently unclear.
    ``(e)(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, that causes actual and concrete injury 
to the party seeking redress.
    ``(2)(A) For purposes of this subsection, a final decision exists 
if--
            ``(i) 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;
            ``(ii)(I) one meaningful application, as defined by the 
        locality concerned within that State or territory, to use the 
        property has been submitted but has not been approved, and the 
        party seeking redress has applied for one appeal or waiver 
        which has not been approved, where the applicable statute, 
        ordinance, custom, or usage provides a mechanism for appeal to 
        or waiver by an administrative agency; or
            ``(II) one meaningful application, as defined by the 
        locality concerned within that State or territory, to use the 
        property has been submitted but has not been approved, and the 
        disapproval explains in writing the use, density, or intensity 
        of development of the property that would be approved, with any 
        conditions therefor, and the party seeking redress has 
        resubmitted another meaningful application taking into account 
        the terms of the disapproval, except that--
                    ``(aa) if no such reapplication is submitted, then 
                a final decision shall not have been reached for 
                purposes of this subsection, except as provided in 
                subparagraph (B); and
                    ``(bb) if the reapplication is not approved, or if 
                the reapplication is not required under subparagraph 
                (B), then a final decision exists for purposes of this 
                subsection if the party seeking redress has applied for 
                one appeal or waiver with respect to the disapproval, 
                which has not been approved, where the applicable 
                statute, ordinance, custom, or usage provides a 
                mechanism of appeal or waiver by an administrative 
                agency; and
            ``(iii) in a case involving the uses of real property, 
        where the applicable statute or ordinance provides for review 
        of the case by elected officials, the party seeking redress has 
        applied for but is denied such review.
    ``(B) The party seeking redress shall not be required to apply for 
an appeal or waiver described in paragraph (1)(B) if no such appeal or 
waiver is available, if it cannot provide the relief requested, or if 
the application or reapplication would be futile.
    ``(3) For purposes of this subsection, a final decision shall not 
require the party seeking redress to exhaust judicial remedies provided 
by any State or territory of the United States.
    ``(f) Nothing in subsection (c), (d), or (e) alters the substantive 
law of takings of property, including the burden of proof borne by the 
plaintiff.''.

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, that 
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; and
            ``(B) one meaningful application to use the property has 
        been submitted but has not been approved, and the party seeking 
        redress has applied for one appeal or waiver which has not been 
        approved, where the applicable law of the United States 
        provides a mechanism for appeal to or waiver by an 
        administrative agency.
The party seeking redress shall not be required to apply for an appeal 
or waiver described in subparagraph (B) if no such appeal or waiver is 
available, if it cannot provide the relief requested, or if application 
or reapplication to use the property would be futile.
    ``(3) Nothing in this subsection alters the substantive law of 
takings of property, including the burden of proof borne by the 
plaintiff.''.

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; and
            ``(B) one meaningful application to use the property has 
        been submitted but has not been approved, and the party seeking 
        redress has applied for one appeal or waiver which has not been 
        approved, where the applicable law of the United States 
        provides a mechanism for appeal or waiver.
The party seeking redress shall not be required to apply for an appeal 
or waiver described in subparagraph (B) if no such appeal or waiver is 
available, if it cannot provide the relief requested, or if application 
or reapplication to use the property would be futile. Nothing in this 
paragraph alters the substantive law of takings of property, including 
the burden of proof borne by the plaintiff.''.

SEC. 5. DUTY OF NOTICE TO OWNERS.

    Whenever a Federal agency takes an agency action limiting the use 
of private property that may be affected by the amendments made by this 
Act, the agency shall 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 to them under such 
amendments.

SEC. 6. 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 October 22, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.