[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [S. 2410 Introduced in Senate (IS)] 103d CONGRESS 2d Session S. 2410 To provide appropriate protection for the Constitutional guarantee of private property rights, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES August 19 (legislative day, August 18), 1994 Mr. Gramm (for himself, Mr. Shelby, Mr. Graig, Mr. Burns, and Mr. Kempthorne) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs _______________________________________________________________________ A BILL To provide appropriate protection for the Constitutional guarantee of private property rights, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Property Rights Restoration Act''. SEC. 2. PRIVATE PROPERTY RIGHTS RESTORATION. (a) Cause of Action.--(1) The owner of any real property shall have a cause of action against the United States if-- (A) the application of a statute, regulation, rule, guideline, or policy of the United States restricts, limits, or otherwise infringes a right to real property that would otherwise exist in the absence of such application; and (B) such application described under subparagraph (A) would result in a discrete and non-negligible reduction in the fair market value of the affected portion of real property. (2) Notwithstanding paragraph (1)(B), a prima facie case against the United States shall be established if the Government action described under paragraph (1)(A) results in a temporary or permanent diminution of fair market value of the affected portion of real property of the lesser of-- (A) 25 percent or more; or (B) $10,000 or more. (b) Jurisdiction.--An action under this Act shall be filed in the United States Court of Federal Claims which shall have exclusive jurisdiction. (c) Recovery.--In any action filed under this Act, the owner may elect to recover-- (1) a sum equal to the diminution in the fair market value of the portion of the property affected by the application of a statute, regulation, rule, guildeline, or policy described under subsection (a)(1)(A) and retain title; or (2) the fair market value of the affected portion of the regulated property prior to the government action and relinquish title to the portion of property regulated. (d) Public Nuisance Exception.--(1) No compensation shall be required by virtue of this Act if the owner's use or proposed use of the property amounts to a public nuisance as commonly understood and defined by background principles of nuisance and property law, as understood under the law of the State within which the property is situated. (2) To bar an award of damages under this Act, the United States shall have the burden of proof to establish that the use or proposed use of the property is a public nuisance as defined under paragraph (1) of this subsection. SEC. 3. APPLICATION; STATUTE OF LIMITATIONS. (a) Application.--This Act shall apply to the application of any statute, regulation, rule, guideline, or policy to real property, if such application occurred or occurs on or after January 1, 1994. (b) Statute of Limitations.--The statute of limitations for actions brought under this Act shall be six years from the application of any statute, regulation, rule, guideline, or policy of the United States to any affected parcel of property under this Act. SEC. 4. AWARD OF COSTS; LITIGATION COSTS. (a) In General.--The court, in issuing any final order in any action brought under this Act, shall award costs of litigation (including reasonable attorney and expert witness) to any prevailing plaintiff. (b) Payment.--All awards or judgments for plaintiff, including recovery for damages and costs of litigation, shall be paid out of funds of the agency or agencies responsible for issuing the statute, regulation, rule, guideline or policy affecting the reduction in the fair market value of the affected portion of property. Payments shall not be made from a judgment fund. SEC. 5. CONSTITUTIONAL OR STATUTORY RIGHTS NOT RESTRICTED. Nothing in this Act shall restrict any remedy or any right which any person (or class of persons) may have under any provision of the United States Constitution or any other law. <all>