Amendment103rd Congress
Amendment sought to require the Interior Department to provide compensation to a property owner if the fair market value of the property is diminished by 50 percent or more as a result of a limitation on property use because of action taken under section 404 of the Clean Water Act, the Endangered Species Act, or due to information from the Survey. \ A point of order was sustained against the amendment on the grounds that it was not germane to the bill and thus was in violation of clause 7 of rule XVI.
- Amendment Number
- 370
- Description
- Amendment sought to require the Interior Department to provide compensation to a property owner if the fair market value of the property is diminished by 50 percent or more as a result of a limitation on property use because of action taken under section 404 of the Clean Water Act, the Endangered Species Act, or due to information from the Survey. \ A point of order was sustained against the amendment on the grounds that it was not germane to the bill and thus was in violation of clause 7 of rule XVI.
- Purpose
- An amendment to prohibit any action authorized under the bill if it constitutes a "taking" of private property under the Fifth Amendment to the Constitution (which provides that private property shall not be taken for public use without just compensation). The amendment would require the Interior Department to provide compensation to the owner of any private property or property interest that loses more than 50% of its value as the result of certain federal actions that may occur based on data, information, or research developed by the NBS. Under the amendment, compensation would be available only in the case of federal wetlands regulatory actions under the Clean Water Act or federal actions under the Endangered Species Act, and would be subject to the availability of appropriations.
- Congress
- 103
- Type
- HAMDT
- Latest Action Date
- Oct 26, 1993
- Latest Action Text
- Mr. Studds raised a point of order against the Tauzin amendment (A015). The provisions of the Tauzin amendment are not germane to the bill because those provisions address items not contained in the bill, and as such, exceed the scope of the bill. The Chair sustained the point of order.
- Latest Action Time
- 15:30:31
- Submitted Date
- Oct 26, 1993
- Chamber
- House of Representatives
- Update Date
- Aug 15, 2021