[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1687 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1687

To provide for notice to owners of property that may be subject to the 
 exercise of eminent domain by private nongovernmental entities under 
    certain Federal authorization statutes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 1998

 Mr. Thompson introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To provide for notice to owners of property that may be subject to the 
 exercise of eminent domain by private nongovernmental entities under 
    certain Federal authorization statutes, 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. NOTIFICATION TO PROPERTY OWNERS OF CERTAIN EXERCISES OF 
              EMINENT DOMAIN.

    (a) Definition.--In this section the term ``eminent domain 
authorization statute'' means any Federal statute that authorizes a 
private nongovernmental entity to exercise the right of eminent domain 
to acquire property if--
            (1) such an entity holds a certificate, license, permit, or 
        other form of authorization from a Federal agency relating to 
        public necessity, benefit, or convenience; and
            (2) such an entity is unable to acquire such property by 
        contract.
    (b) Notification.--On the date that a private nongovernmental 
entity files an application for a certificate, license, permit, or 
other authorization under an eminent domain authorization statute, the 
entity shall make a good faith effort to provide notice by certified 
mail to any person who is the owner of record of any interest in 
property which may be subject to the exercise of eminent domain under 
such statute.
    (c) Content of Notice.--Notice under this section shall include--
            (1) a specific and conspicuous statement that the private 
        nongovernmental entity is seeking authorization to possibly 
        acquire the property of such owner or a portion or interest 
        thereof through the exercise of eminent domain;
            (2) a specific and conspicuous description of any right 
        such owner may have to participate in any proceeding relating 
        to the granting of authorization to a private nongovernmental 
        entity under the eminent domain authorization statute; and
            (3) a specific and conspicuous statement of the manner in 
        which the owner may contact any appropriate Federal agency 
        relating to the proceeding.
    (d) Application to Other Statutes.--Nothing in this section shall 
be construed to modify or supersede any law that requires actual notice 
by certified mail to be timely provided to any affected owner 
(including any notice required under section 9(b) of the Federal Power 
Act (16 U.S.C. 802(b))).
                                 <all>