[Congressional Record Volume 144, Number 94 (Wednesday, July 15, 1998)]
[Extensions of Remarks]
[Pages E1302-E1303]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    PROMPT COMPENSATION ACT OF 1998

                                 ______
                                 

                           HON. DUNCAN HUNTER

                             of california

                    in the house of representatives

                        Wednesday, July 15, 1998

  Mr. HUNTER. Mr. Speaker, I rise today to discuss an issue that is 
extremely important, private property rights. All of us have heard from 
constituents in our districts who are frustrated with the process by 
which the government provides compensation to landowners for the 
private property it acquires. As you know, the federal government 
obtains private property for all types of reasons, from community and 
infrastructure development to environmental concerns. Unfortunately, it 
is common for this process to take several years, during which, the 
property owner is discouraged from conducting any type of development 
or improvement activity upon their land. It is for this reason that I 
will soon be introducing The Prompt Compensation Act of 1998.
  Currently, the federal government has two alternatives available in 
acquiring private property. The first is termed as a ``straight 
condemnation'' procedure where a landowner receives notification that a 
federal agency has requested the Justice Department to file a complaint 
in condemnation in an attempt to

[[Page E1303]]

acquire their property. The complaint is filed with the district court 
of the district where the land is located and the appropriate 
compensation is ascertained. Once this process is completed, the 
federal government is afforded the option of paying this amount and 
assuming the title of the land or moving for dismissal, in which case, 
the title of the property remains with the original owner. It is 
important to remember that during this process, the landowner's 
opportunity to conduct any type of development is severely limited, 
depriving these individuals of time, revenue and, in some cases, 
overall value in their land.
  The second alternative is termed a ``quick-take'' procedure where the 
title of the property is immediately transferred to the federal 
government and an amount, which the government presumes the land is 
worth, is provided to the owner. Normal protocol is then followed, a 
condemnation complaint is filed and the court determines just 
compensation. If this amount is more than that originally provided, the 
federal government is required to pay the difference with interest.
  The Prompt Compensation Act of 1998 will require the federal 
government to provide just compensation to the property owner within 90 
days or forfeit its interest. In other words, this legislation will 
simply make the ``quick-take'' procedure the only option available to 
the federal government. The Prompt Compensation Act of 1998 will 
require the federal government to strongly consider all viable 
alternatives before attempting to acquire new land and prevent 
landowners from losing valuable time in developing their property. I 
urge all my colleagues to become a cosponsor of this bill and to 
strongly consider the significant impact this legislation will have in 
curbing the taking authority of the federal government, while at the 
same time, strengthening the private property rights of America's 
landowners.

                          ____________________