To compensate owners of private property for the effect of certain regulatory restrictions.
Private Property Protection Act of 1995 - Requires the Federal Government to compensate a property owner whose use of that property has been limited by an agency action, pursuant to a specified regulatory law, that diminishes the fair market value of that property by 20 percent or more, for that diminution in value. Requires the Government to buy at fair market value any portion of a property whose value has been diminished by more than 50 percent.
Declares that property with respect to which compensation has been paid under this Act shall not thereafter be used contrary to the limitation imposed by the agency action, unless: (1) the action is later rescinded or vitiated; and (2) the property owner refunds the amount of the compensation to the Treasury.
Provides that if a use is a nuisance as defined by State law or local zoning ordinance, no compensation shall be made under this Act with respect to a limitation on that use.
Prohibits compensation from being made under this Act with respect to: (1) an agency action the primary purpose of which is to prevent an identifiable hazard to public health and safety or damage to specific property other than the property whose use is limited; or (2) an agency action pursuant to the Federal navigational servitude, except as such servitude is applied by U.S. courts to wetlands.
Sets forth the procedures by which a property owner may seek compensation under this Act.
Subjects any payment under this Act to the availability of appropriations.
Requires any agency taking an action limiting private property use to give appropriate notice of rights and compensation procedures to the property owners.
Declares that: (1) nothing in this Act shall be construed to limit any right to compensation under the Constitution or other Federal law; and (2) payment of compensation shall not confer on the Federal Government any rights other than the use limitation resulting from the agency action.
See Also H.R.1215.
By Senator Hatch from Committee on Judiciary filed written report. Report No. 104-239. Additional and minority and supplemental views filed.
For Further Action See H.R.925.
Referred to the Subcommittee on the Constitution.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
GENERAL DEBATE - The Committee of the Whole resumed general debate.
Committee of the Whole House on the state of the Union rises leaving H.R. 925 as unfinished business.
Considered as unfinished business. (consideration: CR H2590-2607)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
DEBATE - The Committee of the Whole continued with debate on the Mineta amendment which was pending when the Committee rose on Thursday, March 2, 1995. The amendment seeks to raise the minimum threshold for payment of compensation under the bill from a 10% to 20% loss in property value.
ORDER OF PROCEDURE - Mr. Canady asked unanimous consent that Mr. Goss be recognized next for the purpose of offering an amendment, that debate on that amendment be limited to not to exceed 10 minutes equally divided and controlled, and that after completion of the Goss amendment, that Messrs. Taylor and Traficant be recognized for the purpose of offering amendments and that debate on each amendment be limited to not to exceed 5 minutes, equally divided and controlled. Agreed to without objection.
DEBATE - Pursuant to the unanimous consent agreement just secured, the Committee of the Whole proceeded with 10 minutes of debate on the Goss amendment.
Committee of the Whole House on the state of the Union rises leaving H.R. 925 as unfinished business.
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For Further Action See H.R.925.
Motion to reconsider laid on the table Agreed to without objection.
ORDER OF PROCEDURE - Mr. Canady asked unanimous consent that consideration of the bill, H.R. 925, in the Committee of the Whole be extended for an addtional 10 minutes. Agreed to without objection.
Considered as unfinished business. (consideration: CR H2607)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 925.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 277 - 148 (Roll no. 197).
Roll Call #197 (House)On passage Passed by the Yeas and Nays: 277 - 148 (Roll no. 197).
Roll Call #197 (House)Motion to reconsider laid on the table Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 925.
Received in the Senate and read twice and referred to the Committee on Environment and Public Works.