109th CONGRESS
2d Session
H. R. 6220
To require payment of three times the amount of just compensation
whenever private property is taken for private economic development use.
IN THE HOUSE OF REPRESENTATIVES
September 27, 2006
Mr. PEARCE introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To require payment of three times the amount of just compensation
whenever private property is taken for private economic development use.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. TREBLE COMPENSATION FOR USE OF EMINENT DOMAIN FOR PRIVATE DEVELOPMENT
PURPOSES.
(1)(A) the Federal Government or any authority of the Federal Government
exercises its power of eminent domain or allows the exercise of such power
by any person or entity to which such power has been delegated, or
(B) any State or political subdivision thereof exercises its power of
eminent domain or allows the exercise of such power by any person or entity
to which such power has been delegated, during a fiscal year in which
said State or political subdivision receives Federal economic development
funds, and
(2) the property over which the power of eminent domain is exercised is
planned, or subsequently used, for economic development,
such Government, State, political subdivision, or delegee shall provide
to the owner of such property, as compensation for such property, an amount
equal to three times the amount that is determined to be the amount of just
compensation for such property required under the Fifth Amendment to the
Constitution of the United States.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) ECONOMIC DEVELOPMENT- The term `economic development' means taking
private property, without the consent of the owner, and conveying or leasing
such property from one private person or entity to another private person
or entity for commercial enterprise carried on for profit, or to increase
tax revenue, tax base, employment, or general economic health, except
that such term shall not include--
(A) conveying private property--
(i) to public ownership, such as for a road, hospital, airport, or
military base;
(ii) to an entity, such as a common carrier, that makes the property
available to the general public as of right, such as a railroad or
public facility;
(iii) for use as a road or other right of way or means, open to the
public for transportation, whether free or by toll;
(iv) for use as an aqueduct, flood control facility, pipeline, or
similar use;
(B) removing harmful uses of land provided such uses constitute an immediate
threat to public health and safety;
(C) leasing property to a private person or entity that occupies an
incidental part of public property or a public facility, such as a retail
establishment on the ground floor of a public building;
(D) acquiring abandoned property;
(E) clearing defective chains of title;
(F) taking private property for use by a public utility; and
(G) redeveloping of a brownfield site as defined in the Small Business
Liability Relief and Brownfields Revitalization Act (42 U.S.C. 9601(39)).
(2) FEDERAL ECONOMIC DEVELOPMENT FUNDS- The term `Federal economic development
funds' means any Federal funds distributed to or through States or political
subdivisions of States under Federal laws designed to improve or increase
the size of the economies of States or political subdivisions of States.
(3) STATE- The term `State' means each of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, or any other territory or
possession of the United States.
END
