A bill to provide appropriate protection for the Constitutional guarantee of private property rights, and for other purposes.
Private Property Rights Restoration Act - Grants the owner of real property a cause of action against the United States if: (1) 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; and (2) such application would result in a discrete and non-negligible reduction in the fair market value of the affected portion of real property.
Specifies that a prima facie case shall be established if the Government action results in a temporary or permanent diminution of fair market value of the affected portion of real property of the lesser of 25 percent or more, or $10,000 or more.
Sets forth provisions regarding: (1) jurisdiction; (2) recovery amount; (3) a public nuisance exception; (4) award of costs to a prevailing plaintiff; and (5) the applicable statute of limitations.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S405)
Read twice and referred to the Committee on Governmental Affairs.
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