[Pages S792-S794]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1654. Mr. BOOZMAN submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the amendment, insert the following:

       TITLE ___--PRIVATE PROPERTY RIGHTS PROTECTION ACT OF 2012

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Private Property Rights 
     Protection Act of 2012''.

     SEC. _02. PROHIBITION ON EMINENT DOMAIN ABUSE BY STATES.

       (a) In General.--No State or political subdivision of a 
     State shall exercise its power of eminent domain, or allow 
     the exercise of such power by any person or entity to which 
     such power has been delegated, over property to be used for 
     economic development or over property that is used for 
     economic development within 7 years after that exercise, if 
     that State or political subdivision receives Federal economic 
     development funds during any fiscal year in which the 
     property is so used or intended to be used.
       (b) Ineligibility for Federal Funds.--A violation of 
     subsection (a) by a State or political subdivision shall 
     render such State or political subdivision ineligible for any 
     Federal economic development funds for a period of 2 fiscal 
     years following a final judgment on the merits by a court of 
     competent jurisdiction that such subsection has been 
     violated, and any Federal agency charged with distributing 
     those funds shall withhold them for such 2-year period, and 
     any such funds distributed to such State or political 
     subdivision shall be returned or reimbursed by such State or 
     political subdivision to the appropriate Federal agency or 
     authority of the Federal Government, or component thereof.
       (c) Opportunity To Cure Violation.--A State or political 
     subdivision shall not be ineligible for any Federal economic 
     development funds under subsection (b) if such State or 
     political subdivision returns all real property the taking of 
     which was found by a court of competent jurisdiction to have 
     constituted a violation of subsection (a) and replaces any 
     other property destroyed and repairs any other property 
     damaged as a result of such violation. In addition, the State 
     must pay applicable penalties and interest to reattain 
     eligibility.

     SEC. _03. PROHIBITION ON EMINENT DOMAIN ABUSE BY THE FEDERAL 
                   GOVERNMENT.

       The Federal Government or any authority of the Federal 
     Government shall not exercise its power of eminent domain to 
     be used for economic development.

     SEC. _04. PRIVATE RIGHT OF ACTION.

       (a) Cause of Action.--Any (1) owner of private property 
     whose property is subject to eminent domain who suffers 
     injury as a result of a violation of any provision of this 
     title with respect to that property, or (2) any tenant of 
     property that is subject to eminent domain who suffers injury 
     as a result of a violation of any provision of this title 
     with respect to that property, may bring an action to enforce 
     any provision of this title in the appropriate Federal or 
     State court. A State shall not be immune under the 11th 
     Amendment to the Constitution of the United States from any 
     such action in a Federal or State court of competent 
     jurisdiction. In such action, the defendant has the burden to 
     show by clear and convincing evidence that the taking is not 
     for economic development. Any such property owner or tenant 
     may also seek an appropriate relief through a preliminary 
     injunction or a temporary restraining order.
       (b) Limitation on Bringing Action.--An action brought by a 
     property owner or tenant under this title may be brought if 
     the property is used for economic development following the 
     conclusion of any condemnation proceedings condemning the 
     property of such property owner or tenant, but shall not be 
     brought later than seven years following the conclusion of 
     any such proceedings.
       (c) Attorneys' Fee and Other Costs.--In any action or 
     proceeding under this title, the court shall allow a 
     prevailing plaintiff a reasonable attorneys' fee as part of 
     the costs, and include expert fees as part of the attorneys' 
     fee.

     SEC. _05. REPORTING OF VIOLATIONS TO ATTORNEY GENERAL.

       (a) Submission of Report to Attorney General.--Any (1) 
     owner of private property whose property is subject to 
     eminent domain who suffers injury as a result of a violation 
     of any provision of this title with respect to that property, 
     or (2) any tenant of property that is subject to eminent 
     domain who suffers injury as a result of a violation of any 
     provision of this title with respect to that property, may 
     report a violation by the Federal Government, any authority 
     of the Federal Government, State, or political subdivision of 
     a State to the Attorney General.
       (b) Investigation by Attorney General.--Upon receiving a 
     report of an alleged violation, the Attorney General shall 
     conduct an investigation to determine whether a violation 
     exists.
       (c) Notification of Violation.--If the Attorney General 
     concludes that a violation does exist, then the Attorney 
     General shall notify the Federal Government, authority of the 
     Federal Government, State, or political subdivision of a 
     State that the Attorney General has determined that it is in 
     violation of this title. The notification shall further 
     provide that the Federal Government, State, or political 
     subdivision of a State has 90 days from the date of the 
     notification to demonstrate to the Attorney General either 
     that (1) it is not in violation of this title or (2) that it 
     has cured its violation by returning all real property the 
     taking of which the Attorney General finds to have 
     constituted a violation of this title and replacing any other 
     property destroyed and repairing any other property damaged 
     as a result of such violation.
       (d) Attorney General's Bringing of Action to Enforce Act.--
     If, at the end of the 90-day period described in subsection 
     (c), the Attorney General determines that the Federal 
     Government, authority of the Federal Government, State, or 
     political subdivision of a State is still violating this 
     title or has not cured its violation as described in 
     subsection (c), then the Attorney General will bring an 
     action to enforce this title unless the property owner or 
     tenant who reported the violation has already brought an 
     action to enforce this title. In such a case, the Attorney 
     General shall intervene if it determines that intervention is 
     necessary in order to enforce this title. The Attorney 
     General may file its lawsuit to enforce this title in the 
     appropriate Federal or State court. A State shall not be 
     immune under the 11th Amendment to the Constitution of the 
     United States from any such action in a Federal or State 
     court of competent jurisdiction. In such action, the 
     defendant has the burden to show by clear and convincing 
     evidence that the taking is not for economic development. The 
     Attorney General may seek any appropriate relief through a 
     preliminary injunction or a temporary restraining order.
       (e) Limitation on Bringing Action.--An action brought by 
     the Attorney General under this title may be brought if the 
     property is used for economic development following the 
     conclusion of any condemnation proceedings condemning the 
     property of an owner or tenant who reports a violation of 
     this title to the Attorney General, but shall not be brought 
     later than seven years following the conclusion of any such 
     proceedings.
       (f) Attorneys' Fee and Other Costs.--In any action or 
     proceeding under this title brought by the Attorney General, 
     the court shall, if the Attorney General is a prevailing 
     plaintiff, award the Attorney General a reasonable attorneys' 
     fee as part of the costs, and include expert fees as part of 
     the attorneys' fee.

     SEC. _06. NOTIFICATION BY ATTORNEY GENERAL.

       (a) Notification to States and Political Subdivisions.--
       (1) Not later than 30 days after the enactment of this 
     title, the Attorney General

[[Page S793]]

     shall provide to the chief executive officer of each State 
     the text of this title and a description of the rights of 
     property owners and tenants under this title.
       (2) Not later than 120 days after the enactment of this 
     title, the Attorney General shall compile a list of the 
     Federal laws under which Federal economic development funds 
     are distributed. The Attorney General shall compile annual 
     revisions of such list as necessary. Such list and any 
     successive revisions of such list shall be communicated by 
     the Attorney General to the chief executive officer of each 
     State and also made available on the Internet website 
     maintained by the United States Department of Justice for use 
     by the public and by the authorities in each State and 
     political subdivisions of each State empowered to take 
     private property and convert it to public use subject to just 
     compensation for the taking.
       (b) Notification to Property Owners and Tenants.--Not later 
     than 30 days after the enactment of this title, the Attorney 
     General shall publish in the Federal Register and make 
     available on the Internet website maintained by the United 
     States Department of Justice a notice containing the text of 
     this title and a description of the rights of property owners 
     and tenants under this title.

     SEC. _07. REPORTS.

       (a) By Attorney General.--Not later than 1 year after the 
     date of enactment of this title, and every subsequent year 
     thereafter, the Attorney General shall transmit a report 
     identifying States or political subdivisions that have used 
     eminent domain in violation of this title to the Chairman and 
     Ranking Member of the Committee on the Judiciary of the House 
     of Representatives and to the Chairman and Ranking Member of 
     the Committee on the Judiciary of the Senate. The report 
     shall--
       (1) identify all private rights of action brought as a 
     result of a State's or political subdivision's violation of 
     this title;
       (2) identify all violations reported by property owners and 
     tenants under section 5(c) of this title;
       (3) identify the percentage of minority residents compared 
     to the surrounding nonminority residents and the median 
     incomes of those impacted by a violation of this title;
       (4) identify all lawsuits brought by the Attorney General 
     under section 5(d) of this title;
       (5) identify all States or political subdivisions that have 
     lost Federal economic development funds as a result of a 
     violation of this title, as well as describe the type and 
     amount of Federal economic development funds lost in each 
     State or political subdivision and the Agency that is 
     responsible for withholding such funds; and
       (6) discuss all instances in which a State or political 
     subdivision has cured a violation as described in section 
     2(c) of this title.
       (b) Duty of States.--Each State and local authority that is 
     subject to a private right of action under this title shall 
     have the duty to report to the Attorney General such 
     information with respect to such State and local authorities 
     as the Attorney General needs to make the report required 
     under subsection (a).

     SEC. _08. SENSE OF CONGRESS REGARDING RURAL AMERICA.

       (a) Findings.--The Congress finds the following:
       (1) The founders realized the fundamental importance of 
     property rights when they codified the Takings Clause of the 
     Fifth Amendment to the Constitution, which requires that 
     private property shall not be taken ``for public use, without 
     just compensation''.
       (2) Rural lands are unique in that they are not 
     traditionally considered high tax revenue-generating 
     properties for State and local governments. In addition, 
     farmland and forest land owners need to have long-term 
     certainty regarding their property rights in order to make 
     the investment decisions to commit land to these uses.
       (3) Ownership rights in rural land are fundamental building 
     blocks for our Nation's agriculture industry, which continues 
     to be one of the most important economic sectors of our 
     economy.
       (4) In the wake of the Supreme Court's decision in Kelo v. 
     City of New London, abuse of eminent domain is a threat to 
     the property rights of all private property owners, including 
     rural land owners.
       (b) Sense of Congress.--It is the sense of Congress that 
     the use of eminent domain for the purpose of economic 
     development is a threat to agricultural and other property in 
     rural America and that the Congress should protect the 
     property rights of Americans, including those who reside in 
     rural areas. Property rights are central to liberty in this 
     country and to our economy. The use of eminent domain to take 
     farmland and other rural property for economic development 
     threatens liberty, rural economies, and the economy of the 
     United States. The taking of farmland and rural property will 
     have a direct impact on existing irrigation and reclamation 
     projects. Furthermore, the use of eminent domain to take 
     rural private property for private commercial uses will force 
     increasing numbers of activities from private property onto 
     this Nation's public lands, including its National forests, 
     National parks and wildlife refuges. This increase can 
     overburden the infrastructure of these lands, reducing the 
     enjoyment of such lands for all citizens. Americans should 
     not have to fear the government's taking their homes, farms, 
     or businesses to give to other persons. Governments should 
     not abuse the power of eminent domain to force rural property 
     owners from their land in order to develop rural land into 
     industrial and commercial property. Congress has a duty to 
     protect the property rights of rural Americans in the face of 
     eminent domain abuse.

     SEC. _09. DEFINITIONS.

       In this title the following definitions apply:
       (1) Economic development.--
       (A) In general.--The term ``economic development'' means 
     taking private property, without the consent of the owner, 
     and conveying or leasing such property from one private 
     person or entity to another private person or entity for 
     commercial enterprise carried on for profit, or to increase 
     tax revenue, tax base, employment, or general economic 
     health, except that such term shall not include--
       (i) conveying private property--

       (I) to public ownership, such as for a road, hospital, 
     airport, or military base;
       (II) to an entity, such as a common carrier, that makes the 
     property available to the general public as of right, such as 
     a railroad or public facility;
       (III) for use as a road or other right of way or means, 
     open to the public for transportation, whether free or by 
     toll; and
       (IV) for use as an aqueduct, flood control facility, 
     pipeline, or similar use;

       (ii) removing blighted property;
       (iii) leasing property to a private person or entity that 
     occupies an incidental part of public property or a public 
     facility, such as a retail establishment on the ground floor 
     of a public building;
       (iv) acquiring abandoned property;
       (v) clearing defective chains of title;
       (vi) taking private property for use by a public utility, 
     including a utility providing electric, natural gas, 
     telecommunications, water and wastewater services, either 
     directly to the public or indirectly through provision of 
     such services at the wholesale level for resale to the 
     public; and
       (vii) redeveloping of a brownfield site as defined in the 
     Small Business Liability Relief and Brownfields 
     Revitalization Act (42 U.S.C. 9601(39)).
       (B) Blighted property.--In subparagraph (A)(ii), the term 
     ``blighted property'' means a structure--
       (i) that was inspected by the appropriate local government 
     and cited for one or more enforceable housing, maintenance, 
     or building code violations that--

       (I) affect the safety of the occupants or the public; and
       (II) involve one or more of the following:

       (aa) a roof and roof framing element;
       (bb) support walls, beams, and headers;
       (cc) foundation, footings, and subgrade conditions;
       (dd) light and ventilation;
       (ee) fire protection, including egress;
       (ff) internal utilities, including electricity, gas, and 
     water;
       (gg) flooring and flooring elements; or
       (hh) walls, insulation, and exterior envelope;
       (ii) in which the cited housing, maintenance, or building 
     code violations have not been remedied within a reasonable 
     time after 2 notices to cure the noncompliance; and
       (iii) that the satisfaction of those enforceable, cited and 
     uncured housing, maintenance, and building code violations 
     cost more than 50 percent of the assessor's taxable market 
     value for the building, excluding land value, for property 
     taxes payable in the year in which the condemnation is 
     commenced.
       (C) Abandoned property.--In subparagraph (A)(iv), the term 
     ``abandoned property'' means property that--
       (i) has been substantially unoccupied or unused for any 
     commercial or residential purpose for at least 1 year by a 
     person with a legal or equitable right to occupy the 
     property;
       (ii) has not been maintained; and
       (iii) for which property taxes have not been paid for at 
     least 2 years.
       (2) Federal economic development funds.--The term ``Federal 
     economic development funds'' means any Federal funds 
     distributed to or through States or political subdivisions of 
     States under Federal laws designed to improve or increase the 
     size of the economies of States or political subdivisions of 
     States.
       (3) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, or any other territory or possession of the United 
     States.

     SEC. _10. SEVERABILITY AND EFFECTIVE DATE.

       (a) Severability.--The provisions of this title are 
     severable. If any provision of this title, or any application 
     thereof, is found unconstitutional, that finding shall not 
     affect any provision or application of this title not so 
     adjudicated.
       (b) Effective Date.--This title shall take effect upon the 
     first day of the first fiscal year that begins after the date 
     of the enactment of this title, but shall not apply to any 
     project for which condemnation proceedings have been 
     initiated prior to the date of enactment.

     SEC. _11. SENSE OF CONGRESS.

       It is the policy of the United States to encourage, 
     support, and promote the private ownership of property and to 
     ensure that the constitutional and other legal rights of 
     private property owners are protected by the Federal 
     Government.

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     SEC. _12. BROAD CONSTRUCTION.

       This title shall be construed in favor of a broad 
     protection of private property rights, to the maximum extent 
     permitted by the terms of this title and the Constitution.

     SEC. _13. LIMITATION ON STATUTORY CONSTRUCTION.

       Nothing in this title may be construed to supersede, limit, 
     or otherwise affect any provision of the Uniform Relocation 
     Assistance and Real Property Acquisition Policies Act of 1970 
     (42 U.S.C. 4601 et seq.).

     SEC. _14. RELIGIOUS AND NONPROFIT ORGANIZATIONS.

       (a) Prohibition on States.--No State or political 
     subdivision of a State shall exercise its power of eminent 
     domain, or allow the exercise of such power by any person or 
     entity to which such power has been delegated, over property 
     of a religious or other nonprofit organization by reason of 
     the nonprofit or tax-exempt status of such organization, or 
     any quality related thereto if that State or political 
     subdivision receives Federal economic development funds 
     during any fiscal year in which it does so.
       (b) Ineligibility for Federal Funds.--A violation of 
     subsection (a) by a State or political subdivision shall 
     render such State or political subdivision ineligible for any 
     Federal economic development funds for a period of 2 fiscal 
     years following a final judgment on the merits by a court of 
     competent jurisdiction that such subsection has been 
     violated, and any Federal agency charged with distributing 
     those funds shall withhold them for such 2-year period, and 
     any such funds distributed to such State or political 
     subdivision shall be returned or reimbursed by such State or 
     political subdivision to the appropriate Federal agency or 
     authority of the Federal Government, or component thereof.
       (c) Prohibition on Federal Government.--The Federal 
     Government or any authority of the Federal Government shall 
     not exercise its power of eminent domain over property of a 
     religious or other nonprofit organization by reason of the 
     nonprofit or tax-exempt status of such organization, or any 
     quality related thereto.

     SEC. _15. REPORT BY FEDERAL AGENCIES ON REGULATIONS AND 
                   PROCEDURES RELATING TO EMINENT DOMAIN.

       Not later than 180 days after the date of the enactment of 
     this title, the head of each Executive department and agency 
     shall review all rules, regulations, and procedures and 
     report to the Attorney General on the activities of that 
     department or agency to bring its rules, regulations and 
     procedures into compliance with this title.

     SEC. _16. SENSE OF CONGRESS.

       It is the sense of Congress that any and all precautions 
     shall be taken by the government to avoid the unfair or 
     unreasonable taking of property away from survivors of 
     Hurricane Katrina who own, were bequeathed, or assigned such 
     property, for economic development purposes or for the 
     private use of others.

     SEC. _17. DISPROPORTIONATE IMPACT ON MINORITIES.

       If the court determines that a violation of this title has 
     occurred, and that the violation has a disproportionately 
     high impact on the poor or minorities, the Attorney General 
     shall use reasonable efforts to locate and inform former 
     owners and tenants of the violation and any remedies they may 
     have.
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