House

HR 6219

“Private Property Rights Protection and Government Accountability Act”: Under HR 6219, any state or subdivision of a state that carries out a public taking for a private purpose would be ineligible for Federal economic development funds for a period of 10 years.

Sponsored by:  Oklahoma Representative John Sullivan, with 24 cosponsors

Status: Introduced June 10, 2008

HR 3058 

Makes appropriations for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and independent agencies for the fiscal year ending September 30, 2006, and for other purposes.  Sec. 726 includes that: (1) no funds shall be used to support federal, state, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use; (2) public use shall not include economic development that primarily benefits private entities.

Sponsored by: Amendment (see pages 99 – 100) by New Jersey Representative Scott Garrett

Status: Became law on November 30, 2005; extended through November 2006.

HR 4128

Private Property Rights Protection Act of 2005: “No State or political subdivision of a State shall exercise its power of eminent domain, or allow the exercise of such power by any person or entity to which such power has been delegated, over property to be used for economic development or over property that is subsequently used for economic development, if that State or political subdivision receives Federal economic development funds during any fiscal year in which it does so.” Also prohibits the Federal Government from condemning property for economic development. 

Sponsored by: Wisconsin Representative James Sensenbrenner, Jr., with 97 cosponsors.
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Status: Introduced October 25, 2005; passed the House on November 3, 2005. Referred to Senate Committee on the Judiciary.

HR 4772

To simplify and expedite access to the Federal courts for injured parties whose rights and privileges under the United States Constitution have been deprived by final actions of Federal agencies or other government officials or entities acting under color of State law, and for other purposes.

Sponsored by: Ohio Representative Steve Chabot, with 36 cosponsors.
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Status: Introduced February 16, 2006; passed the House on September 29, 2006. Received in the Senate.

HR 5576

Renews appropriations for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and independent agencies for the fiscal year ending September 30, 2007, and for other purposes.

Sec. 718 includes the same provision as last year’s Sec. 726 (HR 3058) that: (1) no funds shall be used to support federal, state, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use; (2) public use shall not include economic development that primarily benefits private entities.

Sponsored by: Michigan Representative Joe Knollenberg

Status: Introduced June 9, 2006; placed on Senate Legislative Calendar under General Orders on July 26, 2006 (Calendar No. 535).

senate

S 3873

Companion bill to the Private Property Protection Act of 2005, would deny for two fiscal years economic development funds to state and local governments that use eminent domain for private economic development.  H.R. 4128 passed the House in November 2005, but has been held up in the Senate Judiciary Committee.  Hoping to bypass that committee, Senator James Inhofe introduced S. 3873, which mirrors the House bill.  The Senate convenes again only for its lame duck, post-election session.  It is still possible that the Senate can pass eminent domain reform during that ten-day session, although it will need to act quickly.

Sponsored by: Oklahoma Senator James Inhofe.
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Status: Introduced September 7, 2006; placed on Senate Legislative Calendar under General Orders (Calendar No. 596).