S.1256 - Citizens Access to Justice Act of 1997105th Congress (1997-1998)
|Sponsor:||Sen. Hatch, Orrin G. [R-UT] (Introduced 10/06/1997)|
|Committees:||Senate - Judiciary|
|Latest Action:||10/06/1997 Read twice and referred to the Committee on Judiciary. (All Actions)|
This bill has the status Introduced
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Summary: S.1256 — 105th Congress (1997-1998)All Bill Information (Except Text)
Introduced in Senate (10/06/1997)
Citizens Access to Justice Act of 1997 - Authorizes a property owner to file a civil action to challenge the validity of any Federal agency action that adversely affects the owner's interest in private property in a district court or the United States Court of Federal Claims (claims court).
(Sec. 5) Grants the district court and the claims court concurrent jurisdiction over both claims for monetary relief and claims seeking invalidation of any Act of Congress or any regulation of a Federal agency affecting private property rights. Authorizes the plaintiff to elect to file an action under this section in a district court or the claims court. Waives sovereign immunity of the United States regarding such an action.
(Sec. 6) Grants: (1) any person adversely affected by a Federal agency action standing to challenge and seek judicial review of that action without first exhausting administrative remedies, subject to specified limitations; and (2) the United States Court of Appeals for the Federal Circuit exclusive jurisdiction of any action filed under this Act.
(Sec. 8) Modifies Federal judicial code provisions to grant the claims court jurisdiction to render judgment upon certain claims against the United States for monetary relief and for invalidation of any Act of Congress or regulation of an executive department under this Act. Grants the claims court the power to grant injunctive and declaratory relief in any case within its jurisdiction.
Repeals a provision limiting the claims court's jurisdiction with respect to the pendency of claims in other courts. Expands the district court's jurisdiction to include concurrent jurisdiction over civil actions filed under this Act.
Specifies that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision by any person acting under color of any statute, ordinance, regulation, custom, or usage of any U.S. State or territory that causes actual and concrete injury to the party seeking redress.
Sets forth provisions regarding final decisions, related State proceedings, and certification of questions of State law.
(Sec. 9) Sets a statute of limitations for actions filed under this Act of six years from the date of the taking of private property.
(Sec. 10) Directs the court, in issuing a final order in any action filed under this Act, to award litigation costs, including reasonable attorney and expert witness fees, to any prevailing plaintiff.