S. 3429 — Introduced in Senate

II 118th CONGRESS 1st Session S. 3429 IN THE SENATE OF THE UNITED STATES December 6, 2023Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for just compensation in the event that eminent domain is exercised, and for other purposes. 1. Short title This Act may be cited as the Just Compensation Act of 2023. 2. Purpose (a) Constitutional requirement The Fifth Amendment to the Constitution of the United States guarantees that nor shall private property be taken for public use, without just compensation. (b) Act requirement The purpose of this Act is to require that the Federal Government— (1) demonstrate public use by exercising eminent domain itself and not delegate the power of the Federal Government to any private entity; and (2) provide just compensation in the form of 150 percent of fair market value for any property over which the Federal Government exercises eminent domain. 3. Definitions In this Act: (1) Federal Government The term Federal Government means— (A) the President; and (B) each Executive agency, as defined in section 105 of title 5, United States Code. (2) Private entity The term private entity means any non-governmental entity. (3) Relevant congressional committees The term relevant congress committees means— (A) the Committee on the Judiciary of the Senate; and (B) the Committee on the Judiciary of the House of Representatives. 4. Public use Notwithstanding any other law, the Federal Government may not delegate the power to exercise eminent domain to any private entity. 5. Just compensation The Federal Government, in exercising eminent domain, shall provide just compensation of not less than 150 percent of fair market value. 6. Reports (a) Initial report Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit a report to the relevant congressional committees describing the implementation of this Act. (b) Subsequent reports Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit a report to the relevant congressional committees describing the implementation of this Act, which shall include— (1) a description of the precise actions, locations, public uses, and compensations provided for every exercise of eminent domain by the Federal Government; and (2) a summary of the use of eminent domain by States. 7. No additional funds No additional funds are authorized to be appropriate to carry out this Act.