Number: RL33727
Title: Legal Comments on H.R. 4772: The Private Property Rights Implementation Act of 2006
Authors: Robert Meltz, American Law Division 
Abstract: H.R. 4772, styled the Private Property Rights Implementation Act of 2006, combines process and substance. Its process provisions would ease or eliminate certain current hurdles to a federal takings or substantive due process claim being adjudicated in federal court on the merits, where government interference with property rights is alleged. Its substantive provisions would have the effect of facilitating success on the merits when such claims are brought, through "clarifications" of those same takings and substantive due process constraints. The bill was reported by the House Committee on the Judiciary on September 14, 2006 and passed the House on September 29, 2006 (231-181). This report was prepared on the possibility that the Senate may introduce similar legislation during the lameduck session of 2006, allowing some version of either bill to move toward enactment.
Pages: 14
Date: November 13, 2006