[Congressional Record Volume 148, Number 65 (Monday, May 20, 2002)]
[Extensions of Remarks]
[Pages E861-E862]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  THE PROMPT COMPENSATION ACT OF 2002

                                 ______
                                 

                           HON. DUNCAN HUNTER

                             of california

                    in the house of representatives

                          Monday, May 20, 2002

  Mr. HUNTER. Mr. Speaker, I wish to bring to my colleagues' attention 
an issue that is extremely important to all of our constituents: 
private property rights. We have all heard from constituents in our 
districts who are frustrated with the process by which the federal 
government provides compensation to landowners for property it obtains 
through condemnation proceedings. While the federal agencies obtain 
land for a variety of reasons, the acquisition process often takes 
years to complete. Though legally the property owner may develop their 
property during this process, realistically they are discouraged from 
doing so. In essence, they are being held at the federal govenmnent's 
whim. It is for this reason that I have introduced The Prompt 
Compensation Act of 2002.
  Currently, the federal government has two available procedures for 
obtaining 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. 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 dismissal. However, the landowner is compensated only if the 
federal government accepts the adjudicated price. While the federal 
government forfeits its interest in the property if they move for a 
dismissal, the property owner has been deprived of time, revenue, and 
in some cases, the overall value of their land.
  The second and more expeditious procedure is commonly referred to as 
``quick take.'' In this procedure, the United States assumes title of 
the property immediately 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 being issued to the landowner.
  The Prompt Compensation Act will ensure that private land holders are 
not held in limbo by the federal government during a land purchase. My 
bill will require the government to obtain land only through the 
``quick take'' procedure. The Prompt Compensation Act will make a 
significant impact in curbing the abuses of the federal takings 
proceedings, while at the same time strengthening the private property 
rights of America's landowners. I urge my colleagues on both sides of 
the aisle to cosponsor this important legislation and take the power 
from the federal government and place it back in the hands of the 
private property owners.

[[Page E862]]



                          ____________________