Summary: S.22 — 104th Congress (1995-1996)All Information (Except Text)

There is one summary for S.22. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (01/04/1995)

Private Property Rights Act of 1995 - States that the Congress declares that the Federal Government should protect the health, safety, and welfare of the public and, in doing so, to the extent practicable, avoid takings of private property.

Directs Federal agencies to complete a private property taking impact analysis before issuing or promulgating any policy, regulation, proposed legislation, or related agency action which is likely to result in a taking of private property.

Exempts from such requirement certain: (1) actions in which the power of eminent domain is formally exercised; (2) any action taken with respect to property held in trust by the United States or in connection with treaty negotiations; (3) law enforcement actions; (4) communications between a Federal agency and a State or local land-use planning agency about a proposed State or local activity regulating private property; (5) military activities or military or foreign affairs functions; and (6) emergencies involving immediate threats to health or safety.

Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act.

Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public.

Requires each agency to provide the analysis required by this Act as part of any submission otherwise required to be made to the Office of Management and Budget (OMB) in conjunction with the proposed regulation.

Directs the Attorney General to provide legal guidance in a timely manner, in response to a request by an agency, to assist it in complying with this Act.

Requires annual reports by each agency to the OMB Director and Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, or an award of compensation pursuant to the Just Compensation Clause of the Fifth Amendment to the Constitution.

Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.