[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4088 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4088

  To impose limitations on the use of eminent domain for purposes of 
                         economic development.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 19, 2005

 Mr. Pallone introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
 Financial Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To impose limitations on the use of eminent domain for purposes of 
                         economic development.

    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 ``Protect Our Homes Act''.

SEC. 2. LIMITATIONS ON USE OF EMINENT DOMAIN.

    (a) In General.--No Federal, State, or local governmental entity 
may use the power of eminent domain to take private property for 
economic development purposes unless the entity meets the conditions of 
subsection (b).
    (b) Conditions.--To meet the conditions of this subsection, a 
Federal, State, or local governmental entity must be able to 
demonstrate the following:
            (1) The property that is subject to the taking constitutes 
        a significant public health or safety risk.
            (2) The entity has examined all reasonable alternatives to 
        the taking, and has set forth its findings in a series of 
        public hearings.
            (3) The entity has provided notice of the taking and an 
        opportunity for public comment.
            (4) If the property is to be used for residential 
        development, the entity has required that the development 
        include affordable housing for individuals, families, and 
        seniors in an amount proportional to the number of residences 
        condemned.
            (5) If the property is to be used for commercial 
        development, the entity has required the availability of 
        additional affordable housing for individuals, families, and 
        seniors in an amount proportional to the number of residences 
        condemned to be located in a comparable housing market.
            (6) The entity has provided just compensation for the 
        property reflecting the following:
                    (A) Fair market value.
                    (B) Relocation costs consistent with the Uniform 
                Relocation Assistance and Real Property Acquisition 
                Policies Act of 1970 (42 U.S.C. 4601 et seq.).
                    (C) Projected market value of the property after 
                redevelopment.
            (7) The entity has disclosed its basis for determining the 
        amount of compensation specified in paragraph (6).
            (8) The entity has provided a process by which the affected 
        community may petition to put the proposed development to a 
        ballot initiative at the earliest practicable time.

SEC. 3. ENFORCEMENT.

    (a) Ineligibility for Federal Funds.--Failure to comply with the 
requirements of section 2 renders a State or local governmental entity 
ineligible for Federal financial assistance under any program 
administered by the Department of Housing and Urban Development.
    (b) Noncompliance.--The Secretary of Housing and Urban Development 
shall provide for enforcement of the limitation contained in subsection 
(a).
                                 <all>