HR 4128 109th Congress House Civil Rights and Liberties, Minority Issues Agriculture and Food Alabama Civil actions and liability Community development Congress Congressional reporting requirements Economic development Economics and Public Finance Emergency Management Eminent domain Farm lands Federal aid programs Government Operations and Politics Government liability Government publicity Grants-in-aid Housing and Community Development Hurricane aftermath legislation Hurricanes

Private Property Rights Protection Act of 2005

Introduced: October 25, 2005 See on congress.gov

Everywhere this bill has been 37 steps

Introduced

In committee

Reported out

Passed House

Passed Senate

To President

Became law

Nov 4, 2005

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

Nov 3, 2005

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

Nov 3, 2005

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

Nov 3, 2005

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

Nov 3, 2005

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

Nov 3, 2005

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)

Nov 3, 2005

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

Nov 3, 2005

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

Nov 3, 2005

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.

Nov 3, 2005

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.

Nov 3, 2005

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.

Nov 3, 2005

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

Nov 3, 2005

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

Nov 3, 2005

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.

Nov 3, 2005

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.

Nov 3, 2005

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

Nov 3, 2005

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.

Nov 3, 2005

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.

Nov 3, 2005

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.

Nov 3, 2005

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

Nov 3, 2005

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

Nov 3, 2005

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

Nov 3, 2005

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.

Nov 3, 2005

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

Nov 3, 2005

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

Nov 3, 2005

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.

Nov 3, 2005

Rule H. Res. 527 passed House.

Nov 3, 2005

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

Nov 3, 2005

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

Nov 3, 2005

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

Nov 2, 2005

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.

Oct 31, 2005

Placed on the Union Calendar, Calendar No. 143.

Oct 31, 2005

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

Oct 27, 2005

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

Oct 27, 2005

Committee Consideration and Mark-up Session Held.

Oct 25, 2005

Referred to the House Committee on the Judiciary.

Oct 25, 2005

Introduced in House

Votes taken on this bill 1

Date	Chamber	What was voted on	Result	Yes–No
Nov 3, 2005	House · vote #568	On Passage	Passed	376–38	See who voted →

Plain-English summary Congressional Research Service

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's happening now November 4, 2005

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

Committees of jurisdiction 2