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Bill109th CongressFiled Oct 25, 2005Civil Rights and Liberties, Minority Issues
H.R. 4128

Private Property Rights Protection Act of 2005

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Under committee review

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What it doesSummary passed house amended (Nov 3, 2005)

Private Property Rights Protection Act of 2005 - (Sec. 2) Prohibits any state or political subdivision from exercising its power of eminent domain for economic development if that state or political subdivision receives federal economic development funds during the fiscal year. (Defines "economic development" as taking private property and conveying or leasing it to a private entity for commercial enterprise carried on for profit or to increase tax revenue, the tax base, employment, or general economic health.) Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years. Provides that such a state or political subdivision is not ineligible for such funds if it returns all real property that was improperly taken and replaces or repairs any property that was destroyed or damaged.

(Sec. 3) Prohibits the federal government from exercising its power of eminent domain for economic development.

(Sec. 4) Establishes a private cause of action for any private property owner who suffers injury as a result of a violation of this Act. Provides that a state is not immune from any such action in a federal or state court. Places the burden on the defendant to show by clear and convincing evidence that the taking is not for economic development. Sets the statute of limitations for such an action at seven years. Allows the prevailing plaintiff's attorney to obtain reasonable attorney's fees and expert fees.

(Sec. 5) Requires the Attorney General to: (1) compile a list of the federal laws under which federal economic development funds are distributed; (2) provide to each state and publish on a Department of Justice website the text of this Act, a description of the rights of property owners under this Act, and the compiled list of relevant federal laws; and (3) publish such text and description in the Federal Register.

(Sec. 6) Requires the Attorney General to submit an annual report to the House and Senate Judiciary Committees identifying states or political subdivisions that have used eminent domain in violation of this Act, that have lost federal economic developments funds as a result, and/or that returned property to cure a violation.

(Sec. 7) Expresses the sense of Congress that: (1) the use of eminent domain for economic development is a threat to agricultural and other property in rural America; and (2) it is the policy of the United States to promote the private ownership of property and to protect the legal rights of private property owners.

(Sec. 13) Prohibits a state or political subdivision from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality if that state or political subdivision receives federal economic development funds during the fiscal year. Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years.

Prohibits the federal government from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality.

(Sec. 14) Requires the head of each executive department and agency to review all rules, regulations, and procedures and report to the Attorney General on their activities to comply with this Act.

(Sec. 15) Expresses the sense of Congress that all precautions should be taken to avoid the unfair or unreasonable taking of property from survivors of Hurricane Katrina for economic development or other private use.

What just happenedNov 4, 2005

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Who’s behind it

Rep. Sensenbrenner, F. James, Jr. [R-WI-5](R-WI)Sponsor
97 cosponsors9 D88 R
Read on Congress.gov
97cosponsors2committees40actions10amendments5related bills35subjects
  1. Nov 4, 2005IntroReferral

    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  2. Nov 3, 2005FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. Nov 3, 2005FloorH37100

    On passage Passed by the Yeas and Nays: 376 - 38 (Roll no. 568).

  4. Nov 3, 2005Floor8000

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 376 - 38 (Roll no. 568).

  5. Nov 3, 2005FloorH34400

    The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H9589-9590)

  6. Nov 3, 2005FloorH35000

    The previous question was ordered pursuant to the rule. (consideration: CR H9604)

  7. Nov 3, 2005FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4128.

  8. Nov 3, 2005FloorH8D000

    UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

  9. Nov 3, 2005FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Watt amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Watt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Watt amendment until later in the legislative day.

  10. Nov 3, 2005FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Watt amendment.

  11. Nov 3, 2005FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson-Lee amendment.

  12. Nov 3, 2005FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Cuellar amendment.

  13. Nov 3, 2005FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Gingrey amendment.

  14. Nov 3, 2005FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Gary Miller amendment.

  15. Nov 3, 2005FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Turner amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Turner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Turner amendment until later in the legislative day.

  16. Nov 3, 2005FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Turner amendment.

  17. Nov 3, 2005FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Moran (VA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Sensenbrenner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Moran (VA) amendment until later in the legislative day.

  18. Nov 3, 2005FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Moran (VA) amendment.

  19. Nov 3, 2005FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Sodrel amendment.

  20. Nov 3, 2005FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Nadler amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Sensenbrenner demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the Nadler amendment until later in the legislative day.

  21. Nov 3, 2005FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Nadler amendment.

  22. Nov 3, 2005FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 527, the Committee of the Whole proceeded with 10 minutes of debate on the Sensenbrenner amendment.

  23. Nov 3, 2005FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour and 30 minutes of general debate on H.R. 4128.

  24. Nov 3, 2005FloorH32400

    The Speaker designated the Honorable John Kline to act as Chairman of the Committee.

  25. Nov 3, 2005FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 527 and Rule XVIII.

  26. Nov 3, 2005FloorH8D000

    Rule provides for consideration of H.R. 4128 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.

  27. Nov 3, 2005FloorH30000

    Considered under the provisions of rule H. Res. 527. (consideration: CR H9569-9605)

  28. Nov 3, 2005CommitteeH12210

    Supplemental report filed by the Committee on Judiciary, H. Rept. 109-262, Part II.

    Judiciary Committee
  29. Nov 3, 2005Committee5000

    Supplemental report filed by the Committee on Judiciary, H. Rept. 109-262, Part II.

    Judiciary Committee
  30. Nov 3, 2005FloorH8D000

    PERMISSION TO FILE REPORT - Mr. Sensenbrenner asked unanimous consent that the Committee on the Judiciary be permitted to file a supplemental report on H.R. 4128 prior to the comopletion of its consideration. Agreed to without objection.

  31. Nov 3, 2005FloorH1L220

    Rule H. Res. 527 passed House.

  32. Nov 2, 2005FloorH1L210

    Rules Committee Resolution H. Res. 527 Reported to House. Rule provides for consideration of H.R. 4128 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.

  33. Oct 31, 2005CalendarsH12410

    Placed on the Union Calendar, Calendar No. 143.

  34. Oct 31, 2005CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 109-262.

    Judiciary Committee
  35. Oct 31, 2005Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 109-262.

    Judiciary Committee
  36. Oct 27, 2005CommitteeH19000

    Ordered to be Reported (Amended) by the Yeas and Nays: 27 - 3.

    Judiciary Committee
  37. Oct 27, 2005CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  38. Oct 25, 2005IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  39. Oct 25, 2005IntroReferralIntro-H

    Introduced in House

  40. Oct 25, 2005IntroReferral1000

    Introduced in House

Passed House amendedNov 3, 200536

Private Property Rights Protection Act of 2005 - (Sec. 2) Prohibits any state or political subdivision from exercising its power of eminent domain for economic development if that state or political subdivision receives federal economic development funds during the fiscal year. (Defines "economic development" as taking private property and conveying or leasing it to a private entity for commercial enterprise carried on for profit or to increase tax revenue, the tax base, employment, or general economic health.) Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years. Provides that such a state or political subdivision is not ineligible for such funds if it returns all real property that was improperly taken and replaces or repairs any property that was destroyed or damaged.

(Sec. 3) Prohibits the federal government from exercising its power of eminent domain for economic development.

(Sec. 4) Establishes a private cause of action for any private property owner who suffers injury as a result of a violation of this Act. Provides that a state is not immune from any such action in a federal or state court. Places the burden on the defendant to show by clear and convincing evidence that the taking is not for economic development. Sets the statute of limitations for such an action at seven years. Allows the prevailing plaintiff's attorney to obtain reasonable attorney's fees and expert fees.

(Sec. 5) Requires the Attorney General to: (1) compile a list of the federal laws under which federal economic development funds are distributed; (2) provide to each state and publish on a Department of Justice website the text of this Act, a description of the rights of property owners under this Act, and the compiled list of relevant federal laws; and (3) publish such text and description in the Federal Register.

(Sec. 6) Requires the Attorney General to submit an annual report to the House and Senate Judiciary Committees identifying states or political subdivisions that have used eminent domain in violation of this Act, that have lost federal economic developments funds as a result, and/or that returned property to cure a violation.

(Sec. 7) Expresses the sense of Congress that: (1) the use of eminent domain for economic development is a threat to agricultural and other property in rural America; and (2) it is the policy of the United States to promote the private ownership of property and to protect the legal rights of private property owners.

(Sec. 13) Prohibits a state or political subdivision from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality if that state or political subdivision receives federal economic development funds during the fiscal year. Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years.

Prohibits the federal government from exercising its power of eminent domain over property of a religious or other nonprofit organization because of the organization's nonprofit or tax-exempt status or any related quality.

(Sec. 14) Requires the head of each executive department and agency to review all rules, regulations, and procedures and report to the Attorney General on their activities to comply with this Act.

(Sec. 15) Expresses the sense of Congress that all precautions should be taken to avoid the unfair or unreasonable taking of property from survivors of Hurricane Katrina for economic development or other private use.

Reported to House with amendment(s)Oct 31, 200517

Private Property Rights Protection Act of 2005 - (Sec. 2) Prohibits any state or political subdivision from exercising its power of eminent domain for economic development if that state or political subdivision receives federal economic development funds during the fiscal year. (Defines "economic development" as taking private property and conveying or leasing it to a private entity for commercial enterprise carried on for profit or to increase tax revenue, the tax base, employment, or general economic health.) Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years. Provides that such a state or political subdivision is not ineligible for such funds if it returns all real property that was improperly taken and replaces or repairs any property that was destroyed or damaged.

(Sec. 3) Prohibits the federal government from exercising its power of eminent domain for economic development.

(Sec. 4) Establishes a private cause of action for any private property owner who suffers injury as a result of a violation of this Act. Provides that a state is not immune from any such action in a federal or state court. Sets the statute of limitations for such an action at seven years. Allows the prevailing plaintiff's attorney to obtain reasonable attorney's fees and expert fees.

(Sec. 5) Requires the Attorney General to: (1) compile a list of the federal laws under which federal economic development funds are distributed; (2) provide to each state and publish on a Department of Justice website the text of this Act, a description of the rights of property owners under this Act, and the compiled list of relevant federal laws; and (3) publish such text and description in the Federal Register.

(Sec. 6) Requires the Attorney General to submit an annual report to the House and Senate Judiciary Committees identifying states or political subdivisions that have used eminent domain in violation of this Act, that have lost federal economic developments funds as a result, and/or that returned property to cure a violation.

(Sec. 7) Expresses the sense of Congress that: (1) the use of eminent domain for economic development is a threat to agricultural and other property in rural America; and (2) it is the policy of the United States to promote the private ownership of property and to protect the legal rights of private property owners.

Introduced in HouseOct 25, 200500

Private Property Rights Protection Act of 2005 - Prohibits any state or political subdivision from exercising its power of eminent domain for economic development if that state or political subdivision receives federal economic development funds during the fiscal year. Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years.

Prohibits the federal government from exercising its power of eminent domain for economic development.

Establishes a private cause of action for any private property owner who suffers injury as a result of a violation of this Act. Sets the statute of limitation for such an action at seven years. Allows the prevailing plaintiff's attorney to obtain reasonable attorney's fees and expert fees.

Requires the Attorney General to: (1) compile a list of the federal laws under which federal economic development funds are distributed; (2) provide to each state and publish on a Department of Justice website the text of this Act, a description of the rights of property owners under this Act, and the compiled list of relevant federal laws; and (3) publish such text and description in the Federal Register.

Requires the Attorney General to submit an annual report to the Chairman and Ranking Member of the appropriate congressional committees identifying states or political subdivisions that have used eminent domain in violation of this Act.