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Titles Actions Overview All Actions Cosponsors Committees Related Bills Subjects Latest Summary All Summaries

Titles (5)

Popular Titles

Eminent Domain bill (Identified by CRS)

Short Titles

Short Titles - House of Representatives

Short Titles as Passed House

Private Property Rights Protection Act of 2005

Short Titles as Reported to House

Private Property Rights Protection Act of 2005

Short Titles as Introduced

Private Property Rights Protection Act of 2005

Official Titles

Official Titles - House of Representatives

Official Title as Introduced

To protect private property rights.


Actions Overview (4)

Date Actions Overview
11/03/2005Passed/agreed to in House: On passage Passed by the Yeas and Nays: 376 - 38 (Roll no. 568).
11/03/2005Supplemental report filed by the Committee on Judiciary, H. Rept. 109-262, Part II.
10/31/2005Reported (Amended) by the Committee on Judiciary. H. Rept. 109-262.
10/25/2005Introduced in House

All Actions (56)

Date Chamber All Actions
11/04/2005SenateReceived in the Senate and Read twice and referred to the Committee on the Judiciary.
11/03/2005-6:06pmHouseMotion to reconsider laid on the table Agreed to without objection.
11/03/2005-6:06pmHouseOn passage Passed by the Yeas and Nays: 376 - 38 (Roll no. 568).
11/03/2005-5:48pmHouseThe House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H9589-9590)
11/03/2005-5:48pmHouseThe previous question was ordered pursuant to the rule. (consideration: CR H9604)
11/03/2005-5:48pmHouseThe House rose from the Committee of the Whole House on the state of the Union to report H.R. 4128.
11/03/2005-5:47pmHouseH.Amdt.616 On agreeing to the Watt amendment (A010) Failed by recorded vote: 44 - 371 (Roll no. 567).
11/03/2005-5:40pmHouseH.Amdt.611 On agreeing to the Turner amendment (A005) Failed by recorded vote: 56 - 357 (Roll no. 566).
11/03/2005-5:31pmHouseH.Amdt.610 On agreeing to the Moran (VA) amendment (A004) Failed by recorded vote: 49 - 368 (Roll no. 565).
11/03/2005-5:21pmHouseH.Amdt.608 On agreeing to the Nadler amendment (A002) Failed by recorded vote: 63 - 355 (Roll no. 564).
11/03/2005-4:54pmHouseUNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
11/03/2005-4:53pmHousePOSTPONED PROCEEDINGS - At the conclusion of debate on the Watt amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Watt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Watt amendment until later in the legislative day.
11/03/2005-4:41pmHouseDEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Watt amendment.
11/03/2005-4:41pmHouseH.Amdt.616 Amendment (A010) offered by Mr. Watt. (consideration: CR H9600-9601, H9603-9604; text: CR H9600)
11/03/2005-4:41pmHouseH.Amdt.615 On agreeing to the Jackson-Lee (TX) amendment (A009) Agreed to by voice vote.
11/03/2005-4:36pmHouseDEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson-Lee amendment.
11/03/2005-4:36pmHouseH.Amdt.615 Amendment (A009) offered by Ms. Jackson-Lee (TX). (consideration: CR H9599-9600; text: CR H9599)
11/03/2005-4:36pmHouseH.Amdt.614 On agreeing to the Cuellar amendment (A008) Agreed to by voice vote.
11/03/2005-4:35pmHouseDEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Cuellar amendment.
11/03/2005-4:35pmHouseH.Amdt.614 Amendment (A008) offered by Mr. Cuellar. (consideration: CR H9598-9599; text: CR H9598)
11/03/2005-4:35pmHouseH.Amdt.613 On agreeing to the Gingrey amendment (A007) Agreed to by voice vote.
11/03/2005-4:29pmHouseDEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Gingrey amendment.
11/03/2005-4:29pmHouseH.Amdt.613 Amendment (A007) offered by Mr. Gingrey. (consideration: CR H9597-9598; text: CR H9598)
11/03/2005-4:29pmHouseH.Amdt.612 On agreeing to the Miller, Gary amendment (A006) Agreed to by voice vote.
11/03/2005-4:17pmHouseDEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Gary Miller amendment.
11/03/2005-4:17pmHouseH.Amdt.612 Amendment (A006) offered by Mr. Miller, Gary. (consideration: CR H9595-9597; text: CR H9595-9596)
11/03/2005-4:17pmHousePOSTPONED PROCEEDINGS - At the conclusion of debate on the Turner amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Turner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Turner amendment until later in the legislative day.
11/03/2005-4:05pmHouseDEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Turner amendment.
11/03/2005-4:05pmHouseH.Amdt.611 Amendment (A005) offered by Mr. Turner. (consideration: CR H9594-9595, H9602-9603; text: CR H9594)
11/03/2005-4:05pmHousePOSTPONED PROCEEDINGS - At the conclusion of debate on the Moran (VA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Sensenbrenner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Moran (VA) amendment until later in the legislative day.
11/03/2005-3:55pmHouseDEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Moran (VA) amendment.
11/03/2005-3:55pmHouseH.Amdt.610 Amendment (A004) offered by Mr. Moran (VA). (consideration: CR H9592-9594, H9602; text: CR H9592-9593)
11/03/2005-3:54pmHouseH.Amdt.609 On agreeing to the Sodrel amendment (A003) Agreed to by voice vote.
11/03/2005-3:52pmHouseDEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Sodrel amendment.
11/03/2005-3:51pmHouseH.Amdt.609 Amendment (A003) offered by Mr. Sodrel. (consideration: CR H9592; text: CR H9592)
11/03/2005-3:51pmHousePOSTPONED PROCEEDINGS - At the conclusion of debate on the Nadler amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Sensenbrenner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Nadler amendment until later in the legislative day.
11/03/2005-3:42pmHouseDEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Nadler amendment.
11/03/2005-3:41pmHouseH.Amdt.608 Amendment (A002) offered by Mr. Nadler. (consideration: CR H9591-9592, H9601-9602; text: CR H9591)
11/03/2005-3:41pmHouseH.Amdt.607 On agreeing to the Sensenbrenner amendment (A001) Agreed to by voice vote.
11/03/2005-3:38pmHouseDEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Sensenbrenner amendment.
11/03/2005-3:37pmHouseH.Amdt.607 Amendment (A001) offered by Mr. Sensenbrenner. (consideration: CR H9590-9591; text: CR H9590)
11/03/2005-2:01pmHouseGENERAL DEBATE - The Committee of the Whole proceeded with one hour and 30 minutes of general debate on H.R. 4128.
11/03/2005-2:01pmHouseThe Speaker designated the Honorable John Kline to act as Chairman of the Committee.
11/03/2005-2:01pmHouseHouse resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 527 and Rule XVIII.
11/03/2005-2:01pmHouseRule provides for consideration of H.R. 4128 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
11/03/2005-2:01pmHouseConsidered under the provisions of rule H. Res. 527. (consideration: CR H9569-9605)
11/03/2005HouseSupplemental report filed by the Committee on Judiciary, H. Rept. 109-262, Part II.
11/03/2005-2:00pmHousePERMISSION TO FILE REPORT - Mr. Sensenbrenner asked unanimous consent that the Committee on the Judiciary be permitted to file a supplemental report on H.R. 4128 prior to the comopletion of its consideration. Agreed to without objection.
11/03/2005-12:04pmHouseRule H. Res. 527 passed House.
11/02/2005-8:57pmHouseRules Committee Resolution H. Res. 527 Reported to House. Rule provides for consideration of H.R. 4128 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
10/31/2005HousePlaced on the Union Calendar, Calendar No. 143.
10/31/2005HouseReported (Amended) by the Committee on Judiciary. H. Rept. 109-262.
10/27/2005HouseOrdered to be Reported (Amended) by the Yeas and Nays: 27 - 3.
Action By: Committee on the Judiciary
10/27/2005HouseCommittee Consideration and Mark-up Session Held.
Action By: Committee on the Judiciary
10/25/2005HouseReferred to the House Committee on the Judiciary.
10/25/2005HouseIntroduced in House

Cosponsors (97)

* = Original cosponsor
CosponsorDate Cosponsored
Rep. Goodlatte, Bob [R-VA-6]* 10/25/2005
Rep. Conyers, John, Jr. [D-MI-14]* 10/25/2005
Rep. Waters, Maxine [D-CA-35]* 10/25/2005
Rep. Bonilla, Henry [R-TX-23]* 10/25/2005
Rep. Herseth, Stephanie [D-SD-At Large]* 10/25/2005
Rep. DeLay, Tom [R-TX-22]* 10/25/2005
Rep. Blunt, Roy [R-MO-7]* 10/25/2005
Rep. Pombo, Richard W. [R-CA-11] 10/28/2005
Rep. Aderholt, Robert B. [R-AL-4] 10/28/2005
Rep. Bonner, Jo [R-AL-1] 10/28/2005
Rep. Franks, Trent [R-AZ-2] 10/28/2005
Rep. Gingrey, Phil [R-GA-11] 10/28/2005
Rep. Graves, Sam [R-MO-6] 10/28/2005
Rep. Poe, Ted [R-TX-2] 10/28/2005
Rep. Ryun, Jim [R-KS-2] 10/28/2005
Rep. Harris, Katherine [R-FL-13] 10/28/2005
Rep. Boehner, John A. [R-OH-8] 10/28/2005
Rep. Akin, W. Todd [R-MO-2] 10/28/2005
Rep. Bachus, Spencer [R-AL-6] 10/28/2005
Rep. Baker, Richard H. [R-LA-6] 10/28/2005
Rep. Barrow, John [D-GA-12] 10/28/2005
Rep. Burton, Dan [R-IN-5] 10/28/2005
Rep. Cannon, Chris [R-UT-3] 10/28/2005
Rep. Carter, John R. [R-TX-31] 10/28/2005
Rep. Davis, Jo Ann [R-VA-1] 10/28/2005
Rep. Doolittle, John T. [R-CA-4] 10/28/2005
Rep. Drake, Thelma D. [R-VA-2] 10/28/2005
Rep. Duncan, John J., Jr. [R-TN-2] 10/28/2005
Rep. Herger, Wally [R-CA-2] 10/28/2005
Rep. Wamp, Zach [R-TN-3] 10/28/2005
Rep. Ramstad, Jim [R-MN-3] 10/28/2005
Rep. McCaul, Michael T. [R-TX-10] 10/28/2005
Rep. Pence, Mike [R-IN-6] 10/28/2005
Rep. Jenkins, William L. [R-TN-1] 10/28/2005
Rep. Blackburn, Marsha [R-TN-7] 10/28/2005
Rep. Johnson, Sam [R-TX-3] 10/28/2005
Rep. Jones, Walter B., Jr. [R-NC-3] 10/28/2005
Rep. King, Steve [R-IA-5] 10/28/2005
Rep. Gibbons, Jim [R-NV-2] 10/28/2005
Rep. Lungren, Daniel E. [R-CA-3] 10/28/2005
Rep. LoBiondo, Frank A. [R-NJ-2] 10/28/2005
Rep. Simpson, Michael K. [R-ID-2] 10/28/2005
Rep. Stearns, Cliff [R-FL-6] 10/28/2005
Rep. Brown-Waite, Ginny [R-FL-5] 10/28/2005
Rep. Green, Gene [D-TX-29] 10/28/2005
Rep. Sodrel, Michael E. [R-IN-9] 10/28/2005
Rep. Camp, Dave [R-MI-4] 10/28/2005
Rep. Bradley, Jeb [R-NH-1] 10/28/2005
Rep. Cubin, Barbara [R-WY-At Large] 10/28/2005
Rep. Kline, John [R-MN-2] 10/28/2005
Rep. Musgrave, Marilyn N. [R-CO-4] 10/28/2005
Rep. Norwood, Charles W. [R-GA-9] 10/28/2005
Rep. Otter, C. L. (Butch) [R-ID-1] 10/28/2005
Rep. Pitts, Joseph R. [R-PA-16] 10/28/2005
Rep. Westmoreland, Lynn A. [R-GA-8] 10/28/2005
Rep. Brady, Kevin [R-TX-8] 10/28/2005
Rep. Ryan, Paul [R-WI-1] 10/28/2005
Rep. Scott, David [D-GA-13] 10/28/2005
Rep. Hefley, Joel [R-CO-5] 10/31/2005
Rep. Price, Tom [R-GA-6] 10/31/2005
Rep. Wilson, Heather [R-NM-1] 10/31/2005
Rep. Foxx, Virginia [R-NC-5] 10/31/2005
Rep. Shimkus, John [R-IL-19] 10/31/2005
Rep. McMorris Rodgers, Cathy [R-WA-5] 10/31/2005
Rep. Wolf, Frank R. [R-VA-10] 10/31/2005
Rep. Miller, Candice S. [R-MI-10] 10/31/2005
Rep. Hensarling, Jeb [R-TX-5] 10/31/2005
Rep. Kennedy, Mark R. [R-MN-6] 10/31/2005
Rep. Gallegly, Elton [R-CA-24] 10/31/2005
Rep. Davis, Geoff [R-KY-4] 10/31/2005
Rep. Buyer, Steve [R-IN-4] 10/31/2005
Rep. Gillmor, Paul E. [R-OH-5] 10/31/2005
Rep. Hall, Ralph M. [R-TX-4] 10/31/2005
Rep. Schmidt, Jean [R-OH-2] 10/31/2005
Rep. Hostettler, John N. [R-IN-8] 10/31/2005
Rep. Hayes, Robin [R-NC-8] 10/31/2005
Rep. Renzi, Rick [R-AZ-1] 10/31/2005
Rep. Sessions, Pete [R-TX-32] 10/31/2005
Rep. Mack, Connie [R-FL-14] 10/31/2005
Rep. Sullivan, John [R-OK-1] 10/31/2005
Rep. Calvert, Ken [R-CA-44] 10/31/2005
Rep. Marchant, Kenny [R-TX-24] 10/31/2005
Rep. Myrick, Sue Wilkins [R-NC-9] 10/31/2005
Rep. Neugebauer, Randy [R-TX-19] 10/31/2005
Rep. Salazar, John T. [D-CO-3] 10/31/2005
Rep. Walden, Greg [R-OR-2] 10/31/2005
Rep. Reichert, David G. [R-WA-8] 10/31/2005
Rep. Shuster, Bill [R-PA-9] 10/31/2005
Rep. Davis, Lincoln [D-TN-4] 10/31/2005
Rep. Kolbe, Jim [R-AZ-8] 10/31/2005
Rep. Murphy, Tim [R-PA-18] 10/31/2005
Rep. Manzullo, Donald A. [R-IL-16] 10/31/2005
Rep. McCotter, Thaddeus G. [R-MI-11] 10/31/2005
Rep. DeFazio, Peter A. [D-OR-4] 10/31/2005
Rep. Wicker, Roger F. [R-MS-1] 10/31/2005
Rep. Flake, Jeff [R-AZ-6] 10/31/2005
Rep. McHenry, Patrick T. [R-NC-10] 10/31/2005

Committees (2)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

Committee / Subcommittee Date Activity Reports
House Judiciary10/25/2005 Referred to
10/27/2005 Markup by
11/03/2005 Reported by H. Rept. 109-262,Part 1
H. Rept. 109-262,Part 2
Senate Judiciary11/04/2005 Referred to

A related bill may be a companion measure, an identical bill, a procedurally-related measure, or one with text similarities. Bill relationships are identified by the House, the Senate, or CRS, and refer only to same-congress measures.


Latest Summary (3)

There are 3 summaries for H.R.4128. View summaries

Shown Here:
Passed House amended (11/03/2005)

Private Property Rights Protection Act of 2005 - (Sec. 2) Prohibits any state or political subdivision from exercising its power of eminent domain for economic development if that state or political subdivision receives federal economic development funds during the fiscal year. (Defines "economic development" as taking private property and conveying or leasing it to a private entity for commercial enterprise carried on for profit or to increase tax revenue, the tax base, employment, or general economic health.) Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years. Provides that such a state or political subdivision is not ineligible for such funds if it returns all real property that was improperly taken and replaces or repairs any property that was destroyed or damaged.

(Sec. 3) Prohibits the federal government from exercising its power of eminent domain for economic development.

(Sec. 4) Establishes a private cause of action for any private property owner who suffers injury as a result of a violation of this Act. Provides that a state is not immune from any such action in a federal or state court. Places the burden on the defendant to show by clear and convincing evidence that the taking is not for economic development. Sets the statute of limitations for such an action at seven years. Allows the prevailing plaintiff's attorney to obtain reasonable attorney's fees and expert fees.

(Sec. 5) Requires the Attorney General to: (1) compile a list of the federal laws under which federal economic development funds are distributed; (2) provide to each state and publish on a Department of Justice website the text of this Act, a description of the rights of property owners under this Act, and the compiled list of relevant federal laws; and (3) publish such text and description in the Federal Register.

(Sec. 6) Requires the Attorney General to submit an annual report to the House and Senate Judiciary Committees identifying states or political subdivisions that have used eminent domain in violation of this Act, that have lost federal economic developments funds as a result, and/or that returned property to cure a violation.

(Sec. 7) Expresses the sense of Congress that: (1) the use of eminent domain for economic development is a threat to agricultural and other property in rural America; and (2) it is the policy of the United States to promote the private ownership of property and to protect the legal rights of private property owners.

(Sec. 13) Prohibits a state or political subdivision from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality if that state or political subdivision receives federal economic development funds during the fiscal year. Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years.

Prohibits the federal government from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality.

(Sec. 14) Requires the head of each executive department and agency to review all rules, regulations, and procedures and report to the Attorney General on their activities to comply with this Act.

(Sec. 15) Expresses the sense of Congress that all precautions should be taken to avoid the unfair or unreasonable taking of property from survivors of Hurricane Katrina for economic development or other private use.