H.R. 4772: Private Property Rights Implementation Act of 2006

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H.R. 4772: Private Property Rights Implementation Act of 2006

109th Congress · introduced 2006-02-16 · Law · Latest: Read twice and referred to the Committee on the Judiciary.

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Official title

Private Property Rights Implementation Act of 2006

Plain summary

(This measure has not been amended since it was reported to the House on September 14, 2006. The summary of that version is repeated here.) Private Property Rights Implementation Act of 2006 - (Sec. 2) Amends the federal judicial code to provide that, whenever a district court exercises jurisdiction in civil rights cases in which the operative facts concern the uses of real property, it shall not abstain from exercising such jurisdiction, or relinquish it to a state court, if the party seeking redress does not allege a violation of a state law, right, or privilege, and no parallel proceeding is pending in state court, at the time the action is filed in the district court, that arises out of the same operative facts as the district court proceeding. Declares that in an action in which operative facts concern the uses of real property, the district court shall exercise jurisdiction even if the party seeking redress does not pursue judicial remedies provided by a state or territory. Provides for referral of an unsettled question of state law to the state's highest appellate court. Prohibits the district court from certifying a question of state law unless it is necessary to resolve the merits of the injured party's federal claim, and such question is patently unclear. Declares that any claim or action to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any law, regulation, custom, or usage of any state or U.S. territory that causes actual and concrete injury to the party seeking redress. (Sec. 3) Declares that any claim founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States which causes actual and concrete injury to the party seeking redress. (Sec. 5) Amends the Revised Statutes of the United States with respect to certain Constitutional property rights claims. (Sec. 6) Provides for the liability of the United States for certain claims, brought under U.S. district court jurisdiction or Court of Federal Claims jurisdiction, where the claim is founded upon a property right or privilege secured by the Constitution. Makes the United States liable for a claim where an executive agency has permitted or authorized uses of real property subject to conditions or exactions, if any such condition or exaction, whether legislative or adjudicatory in nature, including the payment of a monetary fee or a dedication of real property from the injured party, is unconstitutional. Declares that whenever a claim against an executive agency concerns a subdivision of real property pursuant to any state or territorial law, regulation, custom, or usage, then it shall be decided with reference to each subdivided lot, regardless of ownership, if such a lot is taxed, or otherwise treated and recognized by the state or territory, as an individual property unit. States that, if a claim alleges deprivation of substantive due process, the United States shall be judged as to whether its action is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. (Sec. 7) Requires a federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments.

Congressional Research Service summary (Passed House amended), quoted unchanged (nonpartisan). Read the source.

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Alternatives

Needs sources: no published alternatives yet (for example a different bill, a law instead of an amendment, or keeping current law). We only show items backed by a published source. Suggest one.

How did my representative vote? · This bill's floor votes

Officials and money

Sponsor: Rep. Chabot, Steve [R-OH-1] · 36 cosponsors

Cost estimate: CBO cost estimate: H.R. 4772, Private Property Rights Implementation Act of 2005 (2006-08-31); CBO cost estimate: H.R. 4772, Private Property Rights Implementation Act of 2005 (2006-08-31)

Cosponsors on this site

Ken Calvert (R-CA), Sanford D. Bishop, Jr. (D-GA), Virginia Foxx (R-NC), Joe Wilson (R-SC), Darrell Issa (R-CA), John R. Carter (R-TX), Tom Cole (R-OK), Shelley Moore Capito (R-WV)

Recorded votes

• House roll call 477 (2006): On Motion to Suspend the Rules and Pass, as Amended, HR4772 (2006-09-26): Failed
• House roll call 511 (2006): On Passage, HR4772 (2006-09-29): Passed

Sources

• Congressional Research Service summary (Passed House amended)
• Congress.gov
• Data: GovInfo BILLSTATUS bulk data (Library of Congress), BILLSTATUS-109hr4772.xml <https://www.govinfo.gov/bulkdata/BILLSTATUS/109/hr>

Record fed-us-cong109-hr4772 · catalog fed-us-congress-bills-cong109 · updated 2026-11-15 by psicol fed-bills-cong109