,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #aidd  ,,in ,,the ,,house ,,of  
,,representatives  ,may #i1 #bjac ,mr4  
,sensenbrenner introduced the following 
bill2 which was referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to protect private property rights4    
#a4 ,short title ,this ,act may be cited
 as the ,private ,property ,rights      
,protection ,act of #bjac4  #b4         
,prohibition on eminent domain abuse by 
,states  7a7 ,in ,general ,no ,state or 
political subdivision of a ,state shall 
exercise its power of eminent domain1 or
 allow the exercise of such power by any
 person or entity to which such power   
has been delegated1 over property to be 
used for economic development or over   
property that is used for economic      
development within #g years after that  
exercise1 if that ,state or political   
subdivision receives ,federal economic  
development funds during any fiscal year
 in which the property is so used or    
intended to be used4  7b7 ,ineligibility

 for ,federal ,funds ,a violation of    
subsection 7a7 by a ,state or political 
subdivision shall render such ,state or 
political subdivision ineligible for any
 ,federal economic development funds for
 a period of #b fiscal years following a
 final judgment on the merits by a court
 of competent jurisdiction that such    
subsection has been violated1 and any   
,federal agency charged with            
distributing those funds shall withhold 
them for such #b-year period1 and any   
such funds distributed to such ,state or
 political subdivision shall be returned
 or reimbursed by such ,state or        
political subdivision to the appropriate
 ,federal agency or authority of the    
,federal ,government1 or component      
thereof4  7c7 ,opportunity ,to ,cure    
,violation ,a ,state or political       
subdivision shall not be ineligible for 
any ,federal economic development funds 
under subsection 7b7 if such ,state or  
political subdivision returns all real  
property the taking of which was found  

by a court of competent jurisdiction to 
have constituted a violation of         
subsection 7a7 and replaces any other   
property destroyed and repairs any other
 property damaged as a result of such   
violation4 ,in addition1 the ,state or  
political subdivision must pay any      
applicable penalties and interest to    
reattain eligibility4  #c4 ,prohibition 
on eminent domain abuse by the ,federal 
,government ,the ,federal ,government or
 any authority of the ,federal          
,government shall not exercise its power
 of eminent domain to be used for       
economic development4  #d4 ,private     
right of action  7a7 ,cause of ,action  
,any 7#a7 owner of private property     
whose property is subject to eminent    
domain who suffers injury as a result of
 a violation of any provision of this   
,act with respect to that property1 or  
7#b7 any tenant of property that is     
subject to eminent domain who suffers   
injury as a result of a violation of any
 provision of this ,act with respect to 

that property1 may bring an action to   
enforce any provision of this ,act in   
the appropriate ,federal or ,state      
court4 ,a ,state shall not be immune    
under the #aath ,amendment to the       
,constitution of the ,united ,states    
from any such action in a ,federal or   
,state court of competent jurisdiction4 
,in such action1 the defendant has the  
burden to show by clear and convincing  
evidence that the taking is not for     
economic development4 ,any such property
 owner or tenant may also seek an       
appropriate relief through a preliminary
 injunction or a temporary restraining  
order4  7b7 ,limitation on ,bringing    
,action ,an action brought by a property
 owner or tenant under this ,act may be 
brought if the property is used for     
economic development following the      
conclusion of any condemnation          
proceedings condemning the property of  
such property owner or tenant1 but shall
 not be brought later than seven years  
following the conclusion of any such    

proceedings4  7c7 ,attorneys' ,fee and  
,other ,costs ,in any action or         
proceeding under this ,act1 the court   
shall allow a prevailing plaintiff a    
reasonable attorneys' fee as part of the
 costs1 and include expert fees as part 
of the attorneys' fee4  #e4 ,reporting  
of violations to ,attorney ,general  7a7
 ,submission of report to attorney      
general ,any 7#a7 owner of private      
property whose property is subject to   
eminent domain who suffers injury as a  
result of a violation of any provision  
of this ,act with respect to that       
property1 or 7#b7 any tenant of property
 that is subject to eminent domain who  
suffers injury as a result of a         
violation of any provision of this ,act 
with respect to that property1 may      
report a violation by the ,federal      
,government1 any authority of the       
,federal ,government1 ,state1 or        
political subdivision of a ,state to the
 ,attorney ,general4  7b7 ,investigation
 by attorney general ,upon receiving a  

report of an alleged violation1 the     
,attorney ,general shall conduct an     
investigation to determine whether a    
violation exists4  7c7 ,notification of 
violation ,if the ,attorney ,general    
concludes that a violation does exist1  
then the ,attorney ,general shall notify
 the ,federal ,government1 authority of 
the ,federal ,government1 ,state1 or    
political subdivision of a ,state that  
the ,attorney ,general has determined   
that it is in violation of the ,act4    
,the notification shall further provide 
that the ,federal ,government1 ,state1  
or political subdivision of a ,state has
 #ij days from the date of the          
notification to demonstrate to the      
,attorney ,general either that 7#a7 it  
is not in violation of the ,act or 7#b7 
that it has cured its violation by      
returning all real property the taking  
of which the ,attorney ,general finds to
 have constituted a violation of the    
,act and replacing any other property   
destroyed and repairing any other       

property damaged as a result of such    
violation4  7d7 ,attorney general's     
bringing of action ,to enforce act ,if1 
at the end of the #ij-;day period       
described in subsection 7c71 the        
,attorney ,general determines that the  
,federal ,government1 authority of the  
,federal ,government1 ,state1 or        
political subdivision of a ,state is    
still violating the ,act or has not     
cured its violation as described in     
subsection 7c71 then the ,attorney      
,general will bring an action to enforce
 the ,act unless the property owner or  
tenant who reported the violation has   
already brought an action to enforce the
 ,act4 ,in such a case1 the ,attorney   
,general shall intervene if it          
determines that intervention is         
necessary in order to enforce the ,act4 
,the ,attorney ,general may file its    
lawsuit to enforce the ,act in the      
appropriate ,federal or ,state court4 ,a
 ,state shall not be immune under the   
#aath ,amendment to the ,constitution of

 the ,united ,states from any such      
action in a ,federal or ,state court of 
competent jurisdiction4 ,in such action1
 the defendant has the burden to show by
 clear and convincing evidence that the 
taking is not for economic development4 
,the ,attorney ,general may seek any    
appropriate relief through a preliminary
 injunction or a temporary restraining  
order4  7e7 ,limitation on bringing     
action ,an action brought by the        
,attorney ,general under this ,act may  
be brought if the property is used for  
economic development following the      
conclusion of any condemnation          
proceedings condemning the property of  
an owner or tenant who reports a        
violation of the ,act to the ,attorney  
,general1 but shall not be brought later
 than seven years following the         
conclusion of any such proceedings4  7f7
 ,attorneys' fee and other costs ,in any
 action or proceeding under this ,act   
brought by the ,attorney ,general1 the  
court shall1 if the ,attorney ,general  

is a prevailing plaintiff1 award the    
,attorney ,general a reasonable         
attorneys' fee as part of the costs1 and
 include expert fees as part of the     
attorneys' fee4  #f4 ,notification by   
,attorney ,general  7a7 ,notification to
 ,states and ,political ,subdivisions   
7#a7 ,not later than #cj days after the 
enactment of this ,act1 the ,attorney   
,general shall provide to the chief     
executive officer of each ,state the    
text of this ,act and a description of  
the rights of property owners and       
tenants under this ,act4  7#b7 ,not     
later than #abj days after the enactment
 of this ,act1 the ,attorney ,general   
shall compile a list of the ,federal    
laws under which ,federal economic      
development funds are distributed4 ,the 
,attorney ,general shall compile annual 
revisions of such list as necessary4    
,such list and any successive revisions 
of such list shall be communicated by   
the ,attorney ,general to the chief     
executive officer of each ,state and    

also made available on the ,internet    
website maintained by the ,united       
,states ,department of ,justice for use 
by the public and by the authorities in 
each ,state and political subdivisions  
of each ,state empowered to take private
 property and convert it to public use  
subject to just compensation for the    
taking4  7b7 ,notification to ,property 
,owners and tenants ,not later than #cj 
days after the enactment of this ,act1  
the ,attorney ,general shall publish in 
the ,federal ,register and make         
available on the ,internet website      
maintained by the ,united ,states       
,department of ,justice a notice        
containing the text of this ,act and a  
description of the rights of property   
owners and tenants under this ,act4  #g4
 ,reports  7a7 ,by ,attorney ,general   
,not later than #a year after the date  
of enactment of this ,act1 and every    
subsequent year thereafter1 the         
,attorney ,general shall transmit a     
report identifying ,states or political 

subdivisions that have used eminent     
domain in violation of this ,act to the 
,chairman and ,ranking ,member of the   
,committee on the ,judiciary of the     
,house of ,representatives and to the   
,chairman and ,ranking ,member of the   
,committee on the ,judiciary of the     
,senate4 ,the report shall--  7#a7      
identify all private rights of action   
brought as a result of a ,state's or    
political subdivision's violation of    
this ,act2  7#b7 identify all violations
 reported by property owners and tenants
 under section #e7;c7 of this ,act2     
7#c7 identify the percentage of minority
 residents compared to the surrounding  
nonminority residents and the median    
incomes of those impacted by a violation
 of this ,act2  7#d7 identify all       
lawsuits brought by the ,attorney       
,general under section #e7;d7 of this   
,act2  7#e7 identify all ,states or     
political subdivisions that have lost   
,federal economic development funds as a
 result of a violation of this ,act1 as 

well as describe the type and amount of 
,federal economic development funds lost
 in each ,state or political subdivision
 and the ,agency that is responsible for
 withholding such funds2 and  7#f7      
discuss all instances in which a ,state 
or political subdivision has cured a    
violation as described in section #b7;c7
 of this ,act4  7b7 ,duty of ,states    
,each ,state and local authority that is
 subject to a private right of action   
under this ,act shall have the duty to  
report to the ,attorney ,general such   
information with respect to such ,state 
and local authorities as the ,attorney  
,general needs to make the report       
required under subsection 7a74  #h4     
,sense of ,congress regarding rural     
,america  7a7 ,findings ,the ,congress  
finds the following3  7#a7 ,the founders
 realized the fundamental importance of 
property rights when they codified the  
,takings ,clause of the ,fifth          
,amendment to the ,constitution1 which  
requires that private property shall not

 be taken for public use1 without just  
compensation4  7#b7 ,rural lands are    
unique in that they are not             
traditionally considered high tax       
revenue-generating properties for ,state
 and local governments4 ,in addition1   
farmland and forest land owners need to 
have long-term certainty regarding their
 property rights in order to make the   
investment decisions to commit land to  
these uses4  7#c7 ,ownership rights in  
rural land are fundamental building     
blocks for our ,nation's agriculture    
industry1 which continues to be one of  
the most important economic sectors of  
our economy4  7#d7 ,in the wake of the  
,supreme ,court's decision in ,kelo v4  
,city of ,new ,london1 abuse of eminent 
domain is a threat to the property      
rights of all private property owners1  
including rural land owners4  7b7 ,sense
 of ,congress ,it is the sense of       
,congress that the use of eminent domain
 for the purpose of economic development
 is a threat to agricultural and other  

property in rural ,america and that the 
,congress should protect the property   
rights of ,americans1 including those   
who reside in rural areas4 ,property    
rights are central to liberty in this   
country and to our economy4 ,the use of 
eminent domain to take farmland and     
other rural property for economic       
development threatens liberty1 rural    
economies1 and the economy of the       
,united ,states4 ,the taking of farmland
 and rural property will have a direct  
impact on existing irrigation and       
reclamation projects4 ,furthermore1 the 
use of eminent domain to take rural     
private property for private commercial 
uses will force increasing numbers of   
activities from private property onto   
this ,nation's public lands1 including  
its ,national forests1 ,national parks  
and wildlife refuges4 ,this increase can
 overburden the infrastructure of these 
lands1 reducing the enjoyment of such   
lands for all citizens4 ,americans      
should not have to fear the government's

 taking their homes1 farms1 or          
businesses to give to other persons4    
,governments should not abuse the power 
of eminent domain to force rural        
property owners from their land in order
 to develop rural land into industrial  
and commercial property4 ,congress has a
 duty to protect the property rights of 
rural ,americans in the face of eminent 
domain abuse4  #i4 ,sense of ,congress  
,it is the policy of the ,united ,states
 to encourage1 support1 and promote the 
private ownership of property and to    
ensure that the constitutional and other
 legal rights of private property owners
 are protected by the ,federal          
,government4  #aj4 ,religious and       
nonprofit organizations  7a7            
,prohibition on ,states ,no ,state or   
political subdivision of a ,state shall 
exercise its power of eminent domain1 or
 allow the exercise of such power by any
 person or entity to which such power   
has been delegated1 over property of a  
religious or other nonprofit            

organization by reason of the nonprofit 
or tax-exempt status of such            
organization1 or any quality related    
thereto if that ,state or political     
subdivision receives ,federal economic  
development funds during any fiscal year
 in which it does so4  7b7              
,ineligibility for ,federal ,funds ,a   
violation of subsection 7a7 by a ,state 
or political subdivision shall render   
such ,state or political subdivision    
ineligible for any ,federal economic    
development funds for a period of #b    
fiscal years following a final judgment 
on the merits by a court of competent   
jurisdiction that such subsection has   
been violated1 and any ,federal agency  
charged with distributing those funds   
shall withhold them for such #b-year    
period1 and any such funds distributed  
to such ,state or political subdivision 
shall be returned or reimbursed by such 
,state or political subdivision to the  
appropriate ,federal agency or authority
 of the ,federal ,government1 or        

component thereof4  7c7 ,prohibition on 
,federal ,government ,the ,federal      
,government or any authority of the     
,federal ,government shall not exercise 
its power of eminent domain over        
property of a religious or other        
nonprofit organization by reason of the 
nonprofit or tax-exempt status of such  
organization1 or any quality related    
thereto4  #aa4 ,report by ,federal      
agencies on regulations and procedures  
relating to eminent domain ,not later   
than #ahj days after the date of the    
enactment of this ,act1 the head of each
 ,executive department and agency shall 
review all rules1 regulations1 and      
procedures and report to the ,attorney  
,general on the activities of that      
department or agency to bring its rules1
 regulations and procedures into        
compliance with this ,act4  #ab4 ,sense 
of ,congress ,it is the sense of        
,congress that any and all precautions  
shall be taken by the government to     
avoid the unfair or unreasonable taking 

of property away from survivors of      
,hurricane ,katrina who own1 were       
bequeathed1 or assigned such property1  
for economic development purposes or for
 the private use of others4  #ac4       
,disproportionate impact ,if the court  
determines that a violation of this ,act
 has occurred1 and that the violation   
has a disproportionately high impact on 
the poor or minorities1 the ,attorney   
,general shall use reasonable efforts to
 locate former owners and tenants and   
inform them of the violation and any    
remedies they may have4  #ad4           
,definitions ,in this ,act the following
 definitions apply3  7#a7 ,economic     
development ,the term economic          
development means taking private        
property1 without the consent of the    
owner1 and conveying or leasing such    
property from one private person or     
entity to another private person or     
entity for commercial enterprise carried
 on for profit1 or to increase tax      
revenue1 tax base1 employment1 or       

general economic health1 except that    
such term shall not include--  7,a7     
conveying private property--  7i7 to    
public ownership1 such as for a road1   
hospital1 airport1 or military base2    
7ii7 to an entity1 such as a common     
carrier1 that makes the property        
available to the general public as of   
right1 such as a railroad or public     
facility2  7iii7 for use as a road or   
other right of way or means1 open to the
 public for transportation1 whether free
 or by toll2 and  7iv7 for use as an    
aqueduct1 flood control facility1       
pipeline1 or similar use2  7,b7 removing
 harmful uses of land provided such uses
 constitute an immediate threat to      
public health and safety2  7,c7 leasing 
property to a private person or entity  
that occupies an incidental part of     
public property or a public facility1   
such as a retail establishment on the   
ground floor of a public building2  7,d7
 acquiring abandoned property2  7,e7    
clearing defective chains of title2     

7,f7 taking private property for use by 
a utility providing electric1 natural   
gas1 telecommunication1 water1          
wastewater1 or other utility services   
either directly to the public or        
indirectly through provision of such    
services at the wholesale level for     
resale to the public2 and  7,g7         
redeveloping of a brownfield site as    
defined in the ,small ,business         
,liability ,relief and ,brownfields     
,revitalization ,act 7#db ,u4,s4,c4     
#ifja7ci774  7#b7 ,federal economic     
development funds ,the term ,federal    
economic development funds means any    
,federal funds distributed to or through
 ,states or political subdivisions of   
,states under ,federal laws designed to 
improve or increase the size of the     
economies of ,states or political       
subdivisions of ,states4  7#c7 ,state   
,the term ,state means each of the      
several ,states1 the ,district of       
,columbia1 the ,commonwealth of ,puerto 
,rico1 or any other territory or        

possession of the ,united ,states4  #ae4
 ,limitation on statutory construction  
,nothing in this ,act may be construed  
to supersede1 limit1 or otherwise affect
 any provision of the ,uniform          
,relocation ,assistance and ,real       
,property ,acquisition ,policies ,act of
 #aigj 7#db ,u4,s4,c4 #dfja et seq474   
#af4 ,broad construction ,this ,act     
shall be construed in favor of a broad  
protection of private property rights1  
to the maximum extent permitted by the  
terms of this ,act and the              
,constitution4  #ag4 ,severability and  
effective date  7a7 ,severability ,the  
provisions of this ,act are severable4  
,if any provision of this ,act1 or any  
application thereof1 is found           
unconstitutional1 that finding shall not
 affect any provision or application of 
the ,act not so adjudicated4  7b7       
,effective ,date ,this ,act shall take  
effect upon the first day of the first  
fiscal year that begins after the date  
of the enactment of this ,act1 but shall

 not apply to any project for which     
condemnation proceedings have been      
initiated prior to the date of          
enactment4