S.605 - Omnibus Property Rights Act of 1995104th Congress (1995-1996)
|Sponsor:||Sen. Dole, Robert J. [R-KS] (Introduced 03/23/1995)|
|Committees:||Senate - Judiciary|
|Committee Reports:||S. Rept. 104-239|
|Latest Action:||03/11/1996 By Senator Hatch from Committee on Judiciary filed written report. Report No. 104-239. Additional and minority and supplemental views filed. (All Actions)|
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Summary: S.605 — 104th Congress (1995-1996)All Information (Except Text)
Reported to Senate with amendment(s) (12/22/1995)
TABLE OF CONTENTS:
Title I: Findings and Purposes
Title II: Property Rights Litigation Relief
Title III: Alternative Dispute Resolution
Title IV: Private Property Taking Impact Analysis
Title V: Private Property Owners Administrative Bill of
Title VI: Miscellaneous
Omnibus Property Rights Act of 1995 - Title I: Findings and Purposes - Proposes, with specified measures, to encourage and protect the constitutional and legal rights of private property owners against any Federal agency's regulatory or administrative action that adversely affects private property.
Title II: Property Rights Litigation Relief - Prohibits Federal and State agencies acting pursuant to a Federal mandate from taking private property except for public use and with just compensation to the property owner.
(Sec. 204) Requires that such compensation be paid out of the congressionally appropriated funds of any Federal agency whose actions (directly or through a State agency) result in a physical invasion or taking of private property for public use without the owner's consent and at least one of several other circumstances pertain, including that the action: (1) does not substantially advance the stated governmental interest to be achieved by the legislation or regulation on which the action is based; (2) deprives the property, temporarily or permanently, of all or substantially all of its economically beneficial or productive use; or (3) diminishes the property's fair market value by 33 percent or more.
Measures "just compensation" as the decrease in fair market value and any business losses resulting from Federal agency action.
Prohibits the filing of claims against a State agency for carrying out a regulatory program mandated or funded by Federal law. Declares that claims arising from the action, inaction, or decision of a State agency are properly filed against the Federal agency administering the relevant Federal program.
(Sec. 205) Amends the Federal judicial code to grant concurrent jurisdiction to U.S. District Courts and the United States Court of Federal Claims to hear civil actions brought under this Act.
Grants the U.S. Court of Appeals for the Federal Circuit exclusive jurisdiction of appeal from a final decision of specified courts, including the United States Court of Federal Claims, if jurisdiction of such a court was wholly or partly based on a claim arising under this Act.
Title III: Alternative Dispute Resolution - Provides for settlement or arbitration, upon consent of both parties, of such property rights disputes. Declares that: (1) such dispute resolution shall not be a condition precedent to or an administrative procedure to be exhausted before the filing of a civil action; and (2) awards are to be taken from congressional appropriations of the Federal agency whose actions are at issue.
(Sec. 301) Declares that title 9 of the U.S. Code (relating to arbitration) shall apply to enforcement of awards rendered under this title.
Title IV: Private Property Taking Impact Analysis - Declares that, with specified exceptions, Federal agency actions likely to result in the taking of private property shall be preceded by a written impact analysis available to the public including: (1) the purpose of the action; (2) the likelihood of an interference with private property; (3) the potential Federal liability to property owners; and (4) any alternative actions that would fulfill the same objectives less intrusively.
(Sec. 404) Prohibits any action reasonably predicted to result in an uncompensated taking.
Title V: Private Property Owners Administrative Bill of Rights - Directs Federal agency heads enforcing the Endangered Species Act and the Federal Water Pollution Control Act to: (1) comply with State and tribal laws; (2) act in the manner least intrusive to private property rights; (3) implement rules and regulations to ensure the protection of those rights; (4) refrain from entering private property to acquire information without the written consent and notice of the owner; and (5) refrain from using data collected on privately owned property to implement or enforce such Acts without providing the property owner with access to and the opportunity to dispute such data.
(Sec. 506) Amends the Federal Water Pollution Control Act and the Endangered Species Act of 1973 to establish property owner appeal rights.
(Sec. 508) Requires agency heads to provide owners of private property adversely affected by agency action with the option of either: (1) selling the property to the agency for fair market value without use restrictions; (2) receiving compensation for any resulting decrease in the property's fair market value resulting from such restrictions; or (3) entering into arbitration.
Requires that payment under this title, at the property owner's election, be provided for in accordance with the standard specified under title II of this Act, or in the amount equal to the fair market value of the property before the date of the final qualified agency action with respect to which the property or interest is acquired.
(Sec. 509) Amends the Endangered Species Act of 1973 to require the Secretary of the Interior to notify all private property owners or lessees of property subject to it of any new management agreement with a non-Federal person that establishes restrictions on property use, providing each of them the opportunity to participate in such agreement.
Title VI: Miscellaneous - Sets forth severability provisions and the effective date of this Act.