[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 440 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 440

To amend the Immigration and Nationality Act, to clarify the authority 
 of the Secretary of Homeland Security to take property using eminent 
                    domain, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 10, 2019

  Mr. Amash introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
 Homeland Security, 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 amend the Immigration and Nationality Act, to clarify the authority 
 of the Secretary of Homeland Security to take property using eminent 
                    domain, 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. SHORT TITLE.

    This Act may be cited as the ``Eminent Domain Just Compensation 
Act''.

SEC. 2. LIMITATION ON AUTHORITY OF THE SECRETARY OF HOMELAND SECURITY 
              TO TAKE PROPERTY USING EMINENT DOMAIN.

    Section 103(b) of the Immigration and Nationality Act (8 U.S.C. 
1103(b)) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security''; and
            (2) in paragraph (3), by striking ``the Act of August 1, 
        1888 (Chapter 728; 25 Stat. 357).'' and inserting the 
        following: ``section 3113 of title 40, United States Code, 
        except that notwithstanding section 3114 of title 40, United 
        States Code, the Government may not take any land prior to the 
        issuance of a final judgment pursuant to the proceedings under 
        section 3113 of such title.''.
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