S.1028 - Citizens Access to Justice Act of 1999106th Congress (1999-2000)
|Sponsor:||Sen. Hatch, Orrin G. [R-UT] (Introduced 05/13/1999)|
|Committees:||Senate - Judiciary|
|Latest Action:||05/13/1999 Read twice and referred to the Committee on Judiciary.|
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Summary: S.1028 — 106th Congress (1999-2000)All Bill Information (Except Text)
Introduced in Senate (05/13/1999)
Citizens Access to Justice Act of 1999 - Authorizes a property owner to file a civil action to challenge the validity of any Federal agency action as a violation of the Fifth Amendment 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. Sets a six-year statute of limitation from the date of the taking of private property. Authorizes the court to award costs, including reasonable attorney's fees, to any prevailing plaintiff.
(Sec. 6) Grants the claims court the power to grant injunctive and declaratory relief when appropriate, as well as supplemental jurisdiction (concurrent with designated courts) to render judgment upon any related tort claim.
Specifies that any claim brought herein to redress the deprivation of a right or privilege to use and enjoy real property as secured by the Constitution shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress.
Amends the Federal judicial code to grant the district courts original jurisdiction, concurrent with the claims court, of any civil action filed under this Act. Sets forth provisions regarding district court civil rights jurisdiction.
(Sec. 7) Authorizes recovery of attorney's fees and costs in a civil action for deprivation of rights where a takings claim is not substantially justified, with exceptions. Requires the district court to decide any motion to dismiss in such an action on an expedited basis.
(Sec. 8) Prohibits a party seeking redress in such an action for a taking of real property without the payment of compensation from commencing an action in district court before 60 days after the date on which written notice has been given to any potential defendant.
(Sec. 9) Requires a Federal agency that takes an agency action limiting the use of private property that may be affected by this Act to give notice to the owners of that property explaining their rights, and the procedures for obtaining any compensation that may be due to them, under this Act.