[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4303 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4303

 To amend the Act popularly known as the Declaration of Taking Act to 
 require that all condemnations of property by the Government proceed 
                            under that Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 1998

   Mr. Hunter (for himself, Mr. Coburn, Mrs. Emerson, Mr. English of 
Pennsylvania, Mr. Gallegly, Mr. Herger, Mr. Nethercutt, Mr. McKeon, Mr. 
Skeen, and Mr. Stump) introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Act popularly known as the Declaration of Taking Act to 
 require that all condemnations of property by the Government proceed 
                            under that Act.

    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 ``Prompt Compensation Act of 1998''.

SEC. 2. CONDEMNATIONS REQUIRED TO PROCEED UNDER THE DECLARATION OF 
              TAKING ACT.

    The first section of the Act entitled ``An Act to expedite the 
construction of public buildings and works outside the District of 
Columbia by enabling possession and title of sites to be taken in 
advance of final judgment in proceedings for the acquisition thereof 
under the power of eminent domain'', approved February 26, 1931 
(Chapter 307; 40 U.S.C. 258a), popularly known as the Declaration of 
Taking Act, is amended--
            (1) in the first sentence, by striking ``the petitioner may 
        file in the cause, with the petition or at any time before 
        judgment,'' and inserting ``the petitioner shall file in the 
        cause, by not later than 90 days after the filing of the 
        petition,'';
            (2) in the second full paragraph, by striking ``Upon the 
        filing of said declaration'' and all that follows through 
        ``shall vest in the United States of America'' and inserting 
        ``Upon filing the declaration of taking, the petitioner shall 
        deposit with the court the amount of the estimated compensation 
        stated in the declaration. Upon such filing and deposit, title 
        to the lands in fee simple absolute, or such less estate or 
        interest therein as specified in the declaration, shall vest in 
        the United States''; and
            (3) in the third full paragraph, by striking ``the court 
        may order that the money deposited'' and inserting ``the court 
        shall order that the money deposited''.
                                 <all>