Citizens Access to Justice Act of 1998 - Authorizes an owner of private property to challenge the validity of any Federal agency action as a violation of the fifth amendment to the U.S. Constitution in a district court or the United States Court of Federal Claims (Claims court). Grants the district court and the Claims court concurrent jurisdiction over claims for monetary relief and claims seeking invalidation of any Act of Congress or any Federal regulation affecting private property rights.
Authorizes the plaintiff to elect to file an action under this Act in a district court or the Claims court. Waives U.S. sovereign immunity with respect to such an action and grants the United States Court of Appeals for the Federal Circuit exclusive jurisdiction.
Sets a six-year statute of limitations. Directs the court to award litigation costs, including reasonable attorney's fees, to any prevailing plaintiff.
(Sec. 6) Modifies Federal judicial code provisions to grant the Claims court jurisdiction to render judgment upon any claim under this Act against the United States for monetary relief founded either upon the Constitution, any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States in cases not sounding in tort, or for invalidation of any Act of Congress or any regulation of an executive department.
Sets forth provisions regarding the Claims court's: (1) supplemental jurisdiction; and (2) jurisdiction which constitutes judicial review of agency action.
Makes any claim brought under this Act founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. Sets forth guidelines as to what constitutes a final decision.
Repeals provisions regarding pendency of claims in other courts. Grants the district courts original jurisdiction, concurrent with the Claims court, over any civil action filed under this Act.
Prohibits a district court, whenever it exercises civil rights jurisdiction in an action in which the operative facts concern the uses of real property, from abstaining from exercising jurisdiction or relinquishing it to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged and where a parallel proceeding in State court arising out of the same operative facts is not pending.
Authorizes the district court, where it has jurisdiction over such an action which cannot be decided without resolution of an unsettled question of State law: (1) to certify the question of State law to the highest appellate court of that State; and (2) after that court resolves the question, to proceed with resolving the merits. Prohibits the court from certifying a State law question unless it will significantly affect the merits of the injured party's Federal claim and unless it is patently unclear.
Specifies that any claim or action brought 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 statute, regulation, or usage of any State of U.S. territory that causes actual and concrete injury to the party seeking redress.
(Sec. 7) Requires a Federal agency that takes an agency action limiting the use of private property to give notice to the property owners explaining their rights and the procedures for obtaining any compensation that may be due to them under this Act.
DEBATE - The Committee of the Whole proceeded with 10 minutes on the Frank motion.
Motion to strike the enacting clause withdrawn.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1534.
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.
Ms. Lofgren moved to recommit to Judiciary.
The previous question on the motion to recommit was ordered without objection.
On motion to recommit Failed by voice vote. (consideration: CR H8963)
Passed/agreed to in House: On passage Passed by recorded vote: 248 - 178 (Roll no. 519).
Roll Call #519 (House)On passage Passed by recorded vote: 248 - 178 (Roll no. 519).
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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. 1534.
Received in the Senate.
Read twice and referred to the Committee on Judiciary.
Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.
Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 316.
By Senator Hatch from Committee on Judiciary filed written report. Report No. 105-242. Minority views filed.
By Senator Hatch from Committee on Judiciary filed written report. Report No. 105-242. Minority views filed.