[Congressional Record Volume 145, Number 34 (Thursday, March 4, 1999)]
[Extensions of Remarks]
[Pages E349-E350]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              INTRODUCTION OF THE PROMPT COMPENSATION ACT

                                 ______
                                 

                           HON. DUNCAN HUNTER

                             of california

                    in the house of representatives

                        Thursday, March 4, 1999

  Mr. HUNTER. Mr. Speaker, all of us have heard from constituents in 
our districts who are frustrated with the process by which the federal 
government provides compensation to landowners for the private property 
it acquires through condemnation proceedings. As you know, federal 
agencies obtain property for all types of reasons, from community and 
infrastructure development to environmental concerns. Unfortunately, 
the problem is that this procedure often takes years to complete. 
Though legally the property owner may develop their property during 
this process, realistically they are discouraged from doing so. It is 
for this reason that I am introducing The Prompt Compensation Act.
  Currently, the federal government has two available procedures to 
obtain private property. The first is ``straight condemnation'', 
wherein a federal agency requests that the Justice Department file a 
``complaint in compensation'' with a district court. It is the court's 
responsibility to ascertain the value of the land, utilizing testimony 
from the federal agency, the property owners and the appropriate 
appraisers. Once the court has come to a decision, the federal 
government has the option of compensating the property owner with the 
adjudicated price, or moving for a dismissal. The landowner is 
compensated only if the federal government accepts the adjudicated 
price. Though the federal government forfeits its interest in the 
property if it moves for a dismissal, the property owner has been 
deprived of time, revenue and, in some cases, overall value in their 
land. It is important to remember that not until a judgment is rendered 
does the United States obtain title and possession of the property.
  The second and more expeditious procedure is commonly referred to as 
``quick take.'' This is utilized in instances where waiting for a court 
decision before taking possession of

[[Page E350]]

the property is not acceptable. In this procedure, the United States 
assumes title of the property immediately, or at any time before 
judgment, by simply filing a ``declaration of taking'' along with the 
complaint in condemnation and depositing with the court an amount of 
money equal to the estimated value of the land. Normal protocol is then 
followed, with the court ascertaining the value of the property, and 
the balance is issued to the landowner.
  The Prompt Compensation Act will require the federal government to 
deposit with the court an amount equal to the estimated value of the 
land within 90 days or it must forfeit its interest in the property, 
thus making the ``quick take'' procedure the only alternative 
available. The Prompt Compensation Act will make a significant impact 
in curbing the takings authority of the federal government, while at 
the same time, strengthening the private property rights of America's 
landowners. I urge all my colleagues to join me in this important 
endeavor.

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