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S 1204 105th Congress Senate Law Administrative remedies Appellate courts Civil Rights and Liberties, Minority Issues Civil rights enforcement Claims Courts of special jurisdiction District courts Eminent domain Government Operations and Politics Government liability Judicial review of administrative acts Jurisdiction Public Lands and Natural Resources Right of property State courts State laws

Property Owners Access to Justice Act of 1997

Introduced: September 23, 1997 See on congress.gov
 Everywhere this bill has been 4 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Oct 7, 1997
Committee on Judiciary. Hearings held.
Sep 23, 1997
Read twice and referred to the Committee on Judiciary.
Sep 23, 1997
Sponsor introductory remarks on measure. (CR S9789)
Sep 23, 1997
Introduced in Senate
 Plain-English summary Congressional Research Service

Property Owners Access to Justice Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in civil rights cases it shall not abstain from exercising or relinquishing its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged.

Authorizes the district court, in such cases that cannot be decided without resolution of a significant but unsettled question of State law, to certify such question to the highest appellate court of that State (and after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits). Bars the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case.

Requires that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress.

Provides that any claim brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims, that is 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 that causes actual and concrete injury to the party seeking redress.

Sets guidelines for what constitutes a "final decision" for purposes of this Act.

What's happening now October 7, 1997

Committee on Judiciary. Hearings held.

 Committees of jurisdiction 1