Defense of Property Rights Act

Summary

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.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 27 November 2018

   Introduced

   Referred to the House Committee on the Judiciary.

   Source: IntroReferral

2. 27 November 2018

   Introduced

   Introduced in House

   Source: IntroReferral

3. 27 November 2018

   Introduced

   Introduced in House

   Source: IntroReferral

Votes

No vote records are attached yet.

Versions

• Introduced in House · 27 November 2018 · Official file

Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 27 November 2018

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 27 November 2018

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 27 November 2018

  Open at official source

Sponsors

• Tom Reed · R · Sponsor
• Paul Gosar · R · Sponsor
• Dave Brat · R · Sponsor
• Steve King · R · Sponsor
• · hsju00 · Standing

Related records

• related to ← Defense of Property Rights Act