[Congressional Record Volume 142, Number 125 (Thursday, September 12, 1996)]
[Senate]
[Pages S10427-S10428]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Mr. Warner):
  S. 2070. A bill to ensure that homeowners receive adequate notice of 
and opportunity to comment on activities likely to adversely affect the 
value of their homes; and to create procedures for homeowners to 
receive financial compensation for development which produces pollution 
and other impacts adversely affecting the value of their homes; to the 
Committee on Governmental Affairs.


             THE HOMEOWNERS PROTECTION AND EMPOWERMENT ACT

 Mr. WYDEN. Mr. President, in this Congress, there has been 
considerable debate on the issue of property rights. But the debate so 
far has essentially ignored the interests of the largest group of 
property owners in America--the 60 million homeowners.
  Until today, property rights legislation has tended to protect only a 
limited group of property owners, those whose use or development of 
their property is regulated by the Federal Government. The typical 
homeowners who we all represent live in already constructed homes; they 
are not developing their property. When they use their property in a 
typical fashion, they are not regulated under the wetlands law, the 
endangered species law, or any other Federal status.
  The typical homeowner is helped, not hurt, by many government 
policies that keep our air clean and our water health and pure. When 
these homeowners' property rights and property values are threatened, 
the threat is more likely to come from pollution from neighboring 
factories than from government actions to protect the environment.
  Today, along with Senator Warner, I am introducing the Homeowners 
Protection and Empowerment Act to make sure the interests of America's 
homeowners are protected. Our legislation provides homeowners with the 
right to sue for compensation whenever their property values are 
diminished by an action regulated by the Federal Government. It 
provides homeowners with a Federal right of action against anyone 
responsible for decreasing a private party homeowner's property value 
by $10,000 or more, whether it's a Federal agency or a private party 
acting under authority of Federal law.
  For example, if a developer fills in federally regulated wetlands, 
the result may be increased flooding on downstream homeowners' 
properties, because undeveloped wetlands help to control flooding. This 
increased risk of

[[Page S10428]]

flooding diminishes the value of downstream homeowners' properties. 
Under the Homeowners Protection and Empowerment Act, any affected 
homeowner whose property value declined by at least $10,000 because of 
the developer's wetland filling would have the right to sue the 
developer for compensation.
  The legislation also requires anyone conducting an activity that both 
requires a permit or other authorization under Federal law and 
generates pollution or has other property damaging impacts to give 
written notice about the activity and its potential impact to each 
homeowner living within a quarter mile of the activity.
  I want to thank Senator Warner for working with me on this 
legislation and for helping to clarify that the intent of the 
legislation is to protect typical homeowners. I look forward to working 
with him to move the legislation forward.
                                 ______