[Congressional Record Volume 151, Number 132 (Tuesday, October 18, 2005)]
[Senate]
[Pages S11479-S11480]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself and Mr. Baucus):
  S. 1883. A bill to amend the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 to assist property owners and 
Federal agencies in resolving disputes relating to private property; to 
the Committee on Environment and Public Works.
  Mr. HATCH. Mr. President: I rise today to introduce S. 1883, the 
Empowering More Property Owners with Enhanced Rights Act of 2005, or 
the EMPOWER Act, a bill that amends the Uniform Relocation Assistance 
and Real Property Acquisition Policies Act of 1970 (the Uniform Act). 
The EMPOWER Act will assist property owners and Federal agencies in 
resolving disputes relating to private property outside of the courts. 
I am joined by my colleague Senator Baucus as lead cosponsor of this 
bill.
  In the wake of the Supreme Court decision Kelo v. New London, 
citizens around the country are calling members of Congress asking if 
their homes, small businesses, and family farms are safe from the power 
of the government. While this legislation doesn't address Kelo 
directly, the EMPOWER Act will enhance the rights of private property 
owners, when their property becomes a target of the federal government.
  The Uniform Act applies to all Federal agencies, and was passed by 
Congress to ``provide for uniform and equitable treatment of persons 
displaced from their homes, businesses or farms by Federal and 
federally assisted programs. . . .'' The Act was amended in 1987 to 
designate the U.S. Department of Transportation (DOT) as the Lead 
Agency, requiring it to coordinate with other Federal agencies to issue 
government-wide standards for eminent domain actions.
  The EMPOWER Act would super-size the Uniform Act by assigning the DOT 
stronger responsibilities in protecting the rights of property owners. 
It accomplishes this goal in two significant ways. First, it 
establishes a Property Owners' Bill of Rights, adding new powers to 
property owners. Second, it establishes a Private Property Ombudsperson 
to act as a neutral party to assist property owners, small businesses, 
and family farms when they are subject to Federal or federally assisted 
actions that affect their property.
  The property owners' ``Bill of Rights'' includes those rights already 
enumerated in the Uniform Act, such as the right to just compensation, 
replacement housing, and relocation assistance. However, the bill would 
add several new rights that would significantly enhance the power of 
the Uniform Act. These are: the right to full

[[Page S11480]]

disclosure of the government's appraised value of the property in 
question; the right to an independent second appraisal; the right to 
participate in mediation or, if necessary, arbitration as an 
alternative to costly and time-consuming litigation; the right to be 
informed about their rights and access to assistance; and the right to 
assistance from a Property Rights Ombudsperson.
  The Property Rights Ombudsperson established by the EMPOWER Act would 
assist property owners in negotiating the Federal bureaucracy and to 
act as a third-party neutral in resolving disputes. The Ombudsperson 
would inform the public of their rights and actively work to help 
property owners take full advantage of those rights. The Ombudsperson 
would call for mediated disputes; force arbitration if necessary; work 
with Federal agencies to advise them about their actions which affect 
private property; ensure that agencies inform affected property owners 
of their rights; and provide information to private citizens, citizen 
groups, and other interested parties regarding rights and 
responsibilities relating to property rights.
  The EMPOWER Act is modeled after a highly successful program in Utah, 
which has led the Nation in the area of property rights. After 8 years 
in effect in Utah, this program has taken a great deal of the acrimony 
and pain out of the process of eminent domain. It has saved the state 
millions of dollars in litigation fees and reduced the condemnation 
rate by half. Most important, it has considerably improved government 
to citizen relations. The vast majority of those using this program in 
Utah are homeowners and the program has provided them with considerable 
relief.
  The EMPOWER Act adapts the Utah model to the Federal Government. The 
Act does not change the rules of Federal acquisition of private 
property, but it does provide significant assistance to private 
property owners, small businesses, and family farmers when they are 
faced with a daunting Federal bureaucracy and the possibility of 
private property loss.
  The EMPOWER Act goes a long way toward protecting our citizens from 
overbearing federal action with regard to private property rights. It 
takes nothing away from government but does empower citizens, and 
requires agencies to ensure that property owners are treated fairly. I 
urge my colleagues to support this Act.
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