Findings and purposes

(a)

Findings

Congress finds that— (1)the Constitution of the United States explicitly states that No person shall be … deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.; (2)in carrying out activities to promote the general welfare, including public works, the Federal Government affects real property and sometimes displaces private property owners, small businesses, and family farmers, among others; (3)Congress enacted the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) (referred to in this section as the Uniform Act), which applies to all Federal agencies, to provide for uniform and equitable treatment of persons displaced from their homes, businesses, and farms by Federal and federally-assisted programs; (4)Congress designated the Department of Transportation as the lead agency for purposes of carrying out the Uniform Act, and required the Department, in coordination with other Federal agencies, to issue a rule, establish procedures, and otherwise implement the Uniform Act; (5)private property owners, small businesses, and family farmers affected by Federal and federally-assisted programs under which private property is acquired for public use face a daunting Federal bureaucracy; and (6)private property owners, small businesses, and family farmers affected by Federal and federally-assisted programs would greatly benefit from the services of an advocate of high position within the Federal Government to— (A)advocate for the best interests of those individuals and small businesses; (B)provide property owners with information; and (C)assist property owners in every way practicable to achieve a fair and equitable settlement with minimum cost and disruption. (b)

Purposes

The purposes of this Act are— (1)to enhance the rights of property owners, small businesses, and family farmers affected by Federal or federally-assisted programs; (2)to establish an advocate for property owners; (3)to provide consistency among Federal law in effect as of the date of enactment of this Act; (4)to ensure conformity among Federal agencies; and (5)to amend the Uniform Act to establish a program, which will apply to all Federal agencies, to enhance the rights of, and provide advocates for, private property owners, small businesses, and family farmers affected by Federal and federally-assisted programs.

Uniform policy on real property acquisition practices

Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4651) is amended— (1)by striking the section heading and all that follows through Sec. 301. In order and inserting the following:

301.

Uniform policy on real property acquisition practices

(a)

In general

In order

;

(2)in subsection (a) (as designated by paragraph (1))— (A)by striking paragraph (1) and inserting the following:

(1)

Responsibilities of Federal agencies

The head of a Federal agency shall— (A)make every reasonable effort to acquire real property expeditiously by negotiation; (B)at the beginning of the negotiation process, advise each property owner involved in the negotiation, in writing, of the name and current contact information for the Office of the Property Rights Ombudsperson established by subsection (b) (or any other property rights Ombudsperson appointed under subsection (b)) that is available to assist the property owner in understanding, and resolving any disputes arising from, the acquisition process; and (C)provide to the property owner a description of the property rights of the property owner, including a description of available mediation and other dispute resolution alternatives.

; and

(B)in paragraph (3), by adding at the end the following: In a case in which property to be acquired includes a residential or recreational lot, a residential structure containing 12 or fewer dwelling units, a family farmer (as defined in section 101 of title 11, United States Code) or a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), if requested by the property owner, the head of the Federal agency shall provide to the property owner a copy of the appraisal used to establish the value of the property for negotiating purposes.; and (3)by adding at the end the following:

(b)

Office of Property Rights Ombudsperson

(1)

Definitions

In this subsection: (A)

Office

The term Office means the Office of the Property Rights Ombudsperson established by paragraph (2)(A). (B)

Ombudsperson

The term Ombudsperson means the Property Rights Ombudsperson appointed under paragraph (2)(B). (2)

Establishment

(A)

In general

There is established within the lead agency the Office of the Property Rights Ombudsperson. (B)

Appointment of head of Office

The Secretary of Transportation shall appoint as Property Rights Ombudsperson an attorney with a background or expertise in law relating to eminent domain and the taking of private property. (C)

Supervision and accountability

The Ombudsperson shall report directly to the President. (D)

Staff

The Secretary of Transportation may hire such personnel as are necessary to assist the Ombudsperson in carrying out the duties of the Ombudsperson. (3)

Duties

The Ombudsperson shall— (A)develop and maintain expertise in and understanding of the law relating to property rights; (B)at the request of a Federal agency or a State agency, advise the agency with respect to actions that may affect property rights; (C)advise private property owners that have a legitimate potential or actual claim against a Federal agency involving property rights; (D)identify Federal agency actions that have potential property rights implications and, if appropriate, advise the relevant Federal agencies with respect to those implications; (E)provide information to private citizens, civic groups, Federal agencies, State agencies, and other interested parties regarding the rights of those parties under this Act; and (F)if appropriate, and if requested to do so by a private property owner, mediate or arrange arbitration (including the appointment of 1 or more arbitrators in accordance with paragraph (4)(C)) for disputes between private property owners and Federal agencies that involve— (i)property rights; (ii)eminent domain; or (iii)relocation assistance under this Act. (4)

Arbitration and mediation

(A)

Participation

If arbitration or mediation is requested by a private property owner under paragraph (3)(F) and arranged by the Ombudsperson, a Federal agency shall participate in the mediation or arbitration as if the matter were ordered to mediation or arbitration by a court of competent jurisdiction. (B)

Procedures

In conducting or arranging for arbitration under paragraph (3)(F), the Ombudsperson shall follow any applicable procedure or requirement under chapter I of title 9, United States Code. (C)

Appointment of arbitrator

(i)

In general

In selecting an individual to arbitrate a dispute, the Ombudsperson shall appoint an independent arbitrator who is acceptable to each party involved in the dispute. (ii)

Disagreement over arbitrator

If a party to a dispute objects to the appointment of an arbitrator selected by the Ombudsperson, and that party is willing to pay for the services of another arbitrator that is acceptable to the Ombudsperson, the other arbitrator shall arbitrate the dispute at the expense of the party that objected to the original arbitrator. (iii)

Ombudsperson as arbitrator

With the agreement of each party to a dispute, the Ombudsperson may act as the arbitrator for the dispute. (iv)

Panel of arbitrators

The Ombudsperson may, on the initiative of the Ombudsperson or upon agreement of each party to a dispute, appoint a panel of arbitrators to conduct the arbitration for the dispute. (D)

Treatment of matter subject to arbitration

Subject to chapter I of title 9, United States Code, the arbitrator and parties involved shall treat the matter being arbitrated as if— (i)the matter were ordered to arbitration by a court of competent jurisdiction; and (ii)the arbitrator or panel of arbitrators appointed by the Ombudsperson in accordance with this subsection were appointed by the court. (E)

Declination to arrange arbitration

If a property owner requests that the Ombudsperson arrange arbitration in a matter, the Ombudsperson shall issue a written statement declining to arrange the arbitration if, as determined by the Ombudsperson— (i)the issues in dispute are not ripe for review; (ii)assuming the alleged facts are true, no cause of action exists under any Federal or State law; (iii)all issues in dispute are beyond the scope of the statutory duty of the Ombudsperson to review; or (iv)arbitration is otherwise not appropriate. (5)

Applicable authority

In conducting an arbitration, the arbitrator shall apply all relevant Federal and State laws (including regulations and case law), as determined by the arbitrator. (6)

Final decision and review

(A)

In general

Not later than 30 days after the date on which the arbitrator issues a final decision for a dispute, any party to the dispute may submit the final decision and award, or any issue upon which the award is based, to the appropriate United States district court for de novo review. (B)

Binding arbitration

A property owner and a Federal or State government entity that are parties to a dispute may agree that— (i)the arbitration shall be binding; and (ii)no de novo review may occur after issuance of the final decision of the arbitrator. (C)

No arbitration necessary

(i)

In general

Arbitration by or through the Ombudsperson shall not be required before a party to any potential arbitration may bring a civil action in the appropriate court of jurisdiction to adjudicate a claim. (ii)

No failure to exhaust remedies

The lack of arbitration by or through the Ombudsperson shall not be considered to be— (I)a failure to exhaust available administrative remedies; or (II)a bar to bringing a civil action described in clause (i). (7)

Role of Ombudsperson in judicial proceedings

(A)

In general

The Ombudsperson may not be compelled to testify in a civil action filed with regard to the subject matter of any review or arbitration conducted by the Ombudsperson. (B)

Work products of Ombudsperson

The written work products of the Ombudsperson, including notes, opinions, and conclusions of the Ombudsperson, shall not be admissible in any civil action relating to an issue with respect to which the Ombudsperson provided advice to any party involved in the civil action. (C)

Representation

The Ombudsperson may not represent a private property owner, State agency, or local government in any administrative or judicial proceeding. (8)

Eminent domain proceedings

(A)

No effect on occupancy proceeding

No dispute submitted to the Ombudsperson under this section shall bar or stay any action in an eminent domain proceeding for occupancy of premises. (B)

Standing

(i)

In general

Subject to clause (ii), the Ombudsperson, or a mediator or arbitrator acting at the request of a property owner under this subsection, shall have standing, in an eminent domain proceeding filed in United States district court by a Federal agency or a State agency, to file with the court a motion to stay the proceeding during the pendency of the mediation or arbitration. (ii)

Necessity of stay

The Ombudsperson, or a mediator or arbitrator described in clause (i), may not file a motion to stay an eminent domain proceeding described in clause (i) unless the Ombudsperson, mediator, or arbitrator certifies at the time of filing of the motion that the stay is reasonably necessary to reach a resolution of the matter through mediation or arbitration. (iii)

Duration of stay

If a stay of an eminent domain proceeding is granted under this subparagraph, and the order granting the stay does not specify the date on which the stay terminates, the Ombudsperson, mediator, or arbitrator that filed the motion for the stay shall file with the appropriate United States district court a motion to terminate the stay by not later than the date that is 30 days after— (I)the date of resolution of the matter through mediation; (II)the date of issuance of a final decision on, or award for, the matter through arbitration; or (III)the date on which the Ombudsperson, mediator, or arbitrator determines that mediation or arbitration of the matter is not appropriate. (9)

Appraisal

(A)

Request for additional appraisal

A private property owner or displaced person may request that the Ombudsperson, mediator, or arbitrator authorize the conduct of an additional appraisal of the value of the property that is the subject of the mediation or arbitration. (B)

Conduct of and payment for appraisal

If the Ombudsperson, mediator, or arbitrator determines that the conduct of an additional appraisal under subparagraph (A) is reasonably necessary to reach a resolution of the matter being mediated or arbitrated, the Ombudsperson, or mediator, or arbitrator may— (i)provide for the conduct of an additional appraisal of the property by an independent appraiser; and (ii)require the Federal agency that is a party to the mediation or arbitration to pay the costs of conducting the first additional appraisal ordered under this paragraph. (10)

Other offices of ombudspersons

(A)

Federal offices

Each Federal agency may establish an office of property rights ombudsperson within the Federal agency to comply with paragraph (1), and to carry out other duties and responsibilities of the Ombudsperson under this subsection, if the Federal agency establishes the office in accordance with regulations that are promulgated to implement this subsection. (B)

Use of state offices

If a State establishes an office of property rights ombudsperson in accordance with regulations that are promulgated to implement this subsection, a Federal agency, with the approval of the State, may use that State office— (i)to comply with paragraph (1); and (ii)to carry out the duties and responsibilities of the Ombudsperson under this subsection. (C)

No Federal or State offices

If a Federal agency does not establish an office of property rights ombudsperson described in subparagraph (A) and is involved in the use of eminent domain power, relocation issues, or a property rights dispute in a State that does not establish an office of property rights ombudsperson described in subparagraph (B), the Federal agency shall use the services of the Ombudsperson— (i)to comply with paragraph (1); and (ii)to carry out the duties and responsibilities of the Ombudsperson under this subsection.