[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6220 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6220

   To require payment of three times the amount of just compensation 
  whenever private property is taken for private economic development 
                                  use.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2006

  Mr. Pearce introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To require payment of three times the amount of just compensation 
  whenever private property is taken for private economic development 
                                  use.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TREBLE COMPENSATION FOR USE OF EMINENT DOMAIN FOR PRIVATE 
              DEVELOPMENT PURPOSES.

    If--
            (1)(A) the Federal Government or any authority of the 
        Federal Government exercises its power of eminent domain or 
        allows the exercise of such power by any person or entity to 
        which such power has been delegated, or
            (B) any State or political subdivision thereof exercises 
        its power of eminent domain or allows the exercise of such 
        power by any person or entity to which such power has been 
        delegated, during a fiscal year in which said State or 
        political subdivision receives Federal economic development 
        funds, and
            (2) the property over which the power of eminent domain is 
        exercised is planned, or subsequently used, for economic 
        development,
such Government, State, political subdivision, or delegee shall provide 
to the owner of such property, as compensation for such property, an 
amount equal to three times the amount that is determined to be the 
amount of just compensation for such property required under the Fifth 
Amendment to the Constitution of the United States.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Economic development.--The term ``economic 
        development'' means taking private property, without the 
        consent of the owner, and conveying or leasing such property 
        from one private person or entity to another private person or 
        entity for commercial enterprise carried on for profit, or to 
        increase tax revenue, tax base, employment, or general economic 
        health, except that such term shall not include--
                    (A) conveying private property--
                            (i) to public ownership, such as for a 
                        road, hospital, airport, or military base;
                            (ii) to an entity, such as a common 
                        carrier, that makes the property available to 
                        the general public as of right, such as a 
                        railroad or public facility;
                            (iii) for use as a road or other right of 
                        way or means, open to the public for 
                        transportation, whether free or by toll;
                            (iv) for use as an aqueduct, flood control 
                        facility, pipeline, or similar use;
                    (B) removing harmful uses of land provided such 
                uses constitute an immediate threat to public health 
                and safety;
                    (C) leasing property to a private person or entity 
                that occupies an incidental part of public property or 
                a public facility, such as a retail establishment on 
                the ground floor of a public building;
                    (D) acquiring abandoned property;
                    (E) clearing defective chains of title;
                    (F) taking private property for use by a public 
                utility; and
                    (G) redeveloping of a brownfield site as defined in 
                the Small Business Liability Relief and Brownfields 
                Revitalization Act (42 U.S.C. 9601(39)).
            (2) Federal economic development funds.--The term ``Federal 
        economic development funds'' means any Federal funds 
        distributed to or through States or political subdivisions of 
        States under Federal laws designed to improve or increase the 
        size of the economies of States or political subdivisions of 
        States.
            (3) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, or any other territory or possession of the United 
        States.
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