Summary: H.R.738 — 116th Congress (2019-2020)All Information (Except Text)

There is one summary for H.R.738. Bill summaries are authored by CRS.

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Introduced in House (01/23/2019)

Private Property Rights Protection Act of 2019

This bill limits the ability of a state or political subdivision of a state from exercising its power of eminent domain over property to be used for economic development.

If a state or political subdivision of a state uses its eminent domain power to transfer private property to other private parties for the purpose of economic development within seven years of its exercise, the state shall be ineligible for federal economic development funds for two fiscal years following a judicial determination that the law has been violated.

The Department of Justice (DOJ) must investigate notices of alleged violations, provide the government authority with 90 days to cure any violations that exist, and bring actions to enforce this bill if the government is still in violation after the 90-day period. DOJ must also intervene in private actions if necessary to enforce this bill.

The bill prohibits the federal government, or a state or political subdivision receiving federal economic development funds during any fiscal year, from exercising the 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.