Defense of Property Rights Act This bill prohibits federal or state agencies from taking private property in whole or in part (including by physical invasion, regulation, exaction, or condition) except for public purpose and with just compensation to the property owner. A property owner shall receive just compensation if the property has been physically invaded or taken without the owner's consent in an action that: does not substantially advance the stated governmental interest; exacts the owner's lawful right to use the property, or a portion of the property, as a condition for an agency's action (including the granting of a permit, license, or variance) without a rough proportionality between the stated need for the property and the impact of the proposed use; deprives the owner, either temporarily or permanently, of substantially all economically beneficial or productive use of the property; diminishes the property's fair market value by at least 20% or $20,000; or constitutes any other taking within the meaning of the Fifth Amendment to the Constitution. The bill allows the U.S. Court of Federal Claims to: (1) render judgment upon a claim against an agency for monetary relief, (2) invalidate federal laws or regulations that violate Fifth Amendment property rights, (3) grant injunctive and declaratory relief, and (4) have concurrent jurisdiction with other courts. The bill also establishes a six-year statute of limitations for actions to be brought after a taking and allows takings disputes to be resolved through settlement or arbitration.
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Timeline
Introduced in House
Referred to the House Committee on the Judiciary.
Introduced in House
Referred to the House Committee on the Judiciary.
Law
Alternative dispute resolution, mediation, arbitrationCivil actions and liabilityEvidence and witnessesFederal district courtsGovernment liabilityJudicial procedure and administrationJudicial review and appealsJurisdiction and venueLegal fees and court costsProperty rightsSpecialized courts
To establish a uniform and more efficient Federal process for protecting property owners' rights guaranteed by the fifth amendment.
USA115th CongressHR-7178| House
| Updated: 11/27/2018
Defense of Property Rights Act This bill prohibits federal or state agencies from taking private property in whole or in part (including by physical invasion, regulation, exaction, or condition) except for public purpose and with just compensation to the property owner. A property owner shall receive just compensation if the property has been physically invaded or taken without the owner's consent in an action that: does not substantially advance the stated governmental interest; exacts the owner's lawful right to use the property, or a portion of the property, as a condition for an agency's action (including the granting of a permit, license, or variance) without a rough proportionality between the stated need for the property and the impact of the proposed use; deprives the owner, either temporarily or permanently, of substantially all economically beneficial or productive use of the property; diminishes the property's fair market value by at least 20% or $20,000; or constitutes any other taking within the meaning of the Fifth Amendment to the Constitution. The bill allows the U.S. Court of Federal Claims to: (1) render judgment upon a claim against an agency for monetary relief, (2) invalidate federal laws or regulations that violate Fifth Amendment property rights, (3) grant injunctive and declaratory relief, and (4) have concurrent jurisdiction with other courts. The bill also establishes a six-year statute of limitations for actions to be brought after a taking and allows takings disputes to be resolved through settlement or arbitration.
Alternative dispute resolution, mediation, arbitrationCivil actions and liabilityEvidence and witnessesFederal district courtsGovernment liabilityJudicial procedure and administrationJudicial review and appealsJurisdiction and venueLegal fees and court costsProperty rightsSpecialized courts