[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1204 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1204

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 1997

 Mr. Coverdell (for himself, Ms. Landrieu, Mrs. Hutchison, Mr. Craig, 
 Mr. Mack, Mr. Brownback, Mr. Kyl, Mr. Burns, Mr. Hatch, Mr. Enzi, Mr. 
Gramm, Mr. Thurmond, Mr. Dorgan, and Mr. Reid) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
   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 ``Property Owners Access to Justice 
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), 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.
    ``(d) Where the district court has jurisdiction over an action 
under subsection (a) that cannot be decided without resolution of a 
significant but 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 so unclear and obviously susceptible to a limiting 
        construction as to render premature a decision on the merits of 
        the constitutional or legal issue in the case.
    ``(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) 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) the applicable statute, ordinance, regulation, 
        custom, or usage provides for a right of appeal or waiver from 
        such decision, and the party seeking redress has applied for, 
        but has been denied, one such appeal or waiver.
The party seeking redress shall not be required to apply for an appeal 
or waiver described in subparagraph (B) if the prospects of success are 
reasonably unlikely and intervention by the district court is warranted 
to decide the merits.
    ``(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.''.

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, without regard to any 
        uses that may be permitted elsewhere; and
            ``(B) an applicable law of the United States provides for a 
        right of appeal or waiver from such decision, and the party 
        seeking redress has applied for, but has been denied, one such 
        appeal or waiver.
The party seeking redress shall not be required to apply for an appeal 
or waiver described in subparagraph (B), if the prospects of success 
are reasonably unlikely and intervention by the district court or the 
United States Court of Federal Claims is warranted to decide the 
merits.''.

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) an applicable law of the United States provides for a 
        right of appeal or waiver from such final decision, and the 
        party seeking redress has applied for, but has been denied, one 
        such appeal or waiver.
The party seeking redress shall not be required to apply for an appeal 
or waiver described in subparagraph (B) if the prospects of success are 
reasonably unlikely and intervention by the United States Court of 
Federal Claims is warranted to decide the merits.''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall apply to actions commenced on 
or after the date of the enactment of this Act.
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