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H.R. 1534

Citizens Access to Justice Act of 1998

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.

By Senator Hatch from Committee on Judiciary filed written report. Report No. 105-242. Minority views filed.

Rep. Gallegly, Elton [R-CA-23](R-CA)Sponsor
239 cosponsors44 D195 R
239cosponsors2committees48actions1related bills
  1. Floor

    By Senator Hatch from Committee on Judiciary filed written report. Report No. 105-242. Minority views filed.

    Judiciary Committee
  2. Committee14900

    By Senator Hatch from Committee on Judiciary filed written report. Report No. 105-242. Minority views filed.

    Judiciary Committee
  3. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 316.

  4. Committee

    Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  5. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  6. Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  7. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  8. IntroReferral

    Received in the Senate.

  9. FloorH38900

    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.

  10. FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  11. FloorH37100

    On passage Passed by recorded vote: 248 - 178 (Roll no. 519).

  12. Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 248 - 178 (Roll no. 519).

  13. FloorH36210

    On motion to recommit Failed by voice vote. (consideration: CR H8963)

    Judiciary Committee
  14. FloorH8A000

    The previous question on the motion to recommit was ordered without objection.

  15. FloorH36200

    Ms. Lofgren moved to recommit to Judiciary.

    Judiciary Committee
  16. FloorH34400

    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.

  17. FloorH35000

    The previous question was ordered pursuant to the rule.

  18. FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1534.

  19. FloorH32331

    Motion to strike the enacting clause withdrawn.

  20. FloorH8D000

    DEBATE - The Committee of the Whole proceeded with 10 minutes on the Frank motion.

  21. FloorH32330

    Mr. Frank (MA) moved to strike the enacting clause.

  22. FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 271, the Committee of the Whole proceeded with 30 minutes of debate on the Boehlert amendment.

  23. FloorH8D000

    DEBATE - Pursuant to an earlier order of the House, the Committee of the Whole proceeded with 10 minutes of debate on the Traficant amendment.

  24. FloorH32050

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  25. FloorH8D000

    Mr. Coble asked unanimous consent that it be in order to consider in the Committee of the Whole, an amendment placed at the desk to be offered by Representative Traficant after disposition of a Conyers amendment, and that the amendment be debatable for ten minutes. Agreed to without objection.

  26. FloorH30000

    Considered as unfinished business.

  27. FloorH32700

    Committee of the Whole House on the state of the Union rises leaving H.R. 1534 as unfinished business.

  28. FloorH32341

    On motion that the Committee rise Agreed to by voice vote.

  29. FloorH32340

    Mr. Coble moved that the Committee rise.

  30. FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.

  31. FloorH32400

    The Speaker designated the Honorable Vince Snowbarger to act as Chairman of the Committee.

  32. FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 271 and Rule XXIII.

  33. FloorH8D000

    Rule provides for consideration of H.R. 1534 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be read by section. Specified amendments are in order. It shall be in order to consider the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, modified by the amendments printed in Part 1 of the report accompanying this resolution. No amendment to the substitute, as modified, shall be in order except one amendment in the nature of a substitute offered by Representative Conyers of Michigan, debatable for 30 minutes, and not subject to further amendment. If the Conyers amendment is rejected or not offered, no other amendment shall be in order except the amendment in the nature of a substitute printed in Part 2 of the report accompanying this resolution, debatable for 30

  34. FloorH30000

    Considered under the provisions of rule H. Res. 271. (consideration: CR HR8940-8964)

  35. FloorH1L220

    Rule H. Res. 271 passed House.

  36. FloorH1L210

    Rules Committee Resolution H. Res. 271 Reported to House. Rule provides for consideration of H.R. 1534 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be read by section. Specified amendments are in order. It shall be in order to consider the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, modified by the amendments printed in Part 1 of the report accompanying this resolution. No amendment to the substitute, as modified, shall be in order except one amendment in the nature of a substitute offered by Representative Conyers of Michigan, debatable for 30 minutes, and not subject to further amendment. If the Conyers amendment is defeated or not offered, it shall be in order to consider an amendment printed in Part 2 of the report accompanying this resolution. for 30 minutes and

  37. CalendarsH12410

    Placed on the Union Calendar, Calendar No. 187.

  38. CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 105-323.

    Judiciary Committee
  39. Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 105-323.

    Judiciary Committee
  40. CommitteeH19000

    Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 10.

    Judiciary Committee
  41. CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  42. CommitteeH23000

    Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  43. CommitteeH22000

    Subcommittee Consideration and Mark-up Session Held.

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  44. CommitteeH21000

    Subcommittee Hearings Held.

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  45. CommitteeH11000

    Referred to the Subcommittee on Courts and Intellectual Property.

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  46. IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  47. IntroReferralIntro-H

    Introduced in House

  48. IntroReferral1000

    Introduced in House

Feb 26, 199801

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.

Oct 22, 199736

Private Property Rights Implementation Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in a civil rights case in which the operative facts concern the uses of real property, it shall not abstain from exercising or relinquishing its jurisdiction 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 as the district court proceeding is not pending.

Authorizes the district court, in such cases that cannot be decided without resolution of an unsettled question of State law, to certify such question to the highest appellate court of that State. Directs the district court to proceed with resolving the merits after the State appellate court resolves the question. Bars the district court from certifying a question of State law unless it will significantly affect the merits of the injured party's Federal claim and is patently unclear.

(Sec. 3) Provides that: (1) 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, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress; and (2) any claim that is brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims and that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress.

Sets guidelines for what constitutes a "final decision" in each case above, including providing, respectively, that: (1) a final decision shall not require the party seeking redress to exhaust judicial remedies provided by any State or U.S. territory; and (2) the party seeking redress shall not be required to apply for an appeal to or waiver by an administrative agency if no such appeal or waiver is available, if it cannot provide the relief requested, or if application or reapplication to use the property would be futile.

(Sec. 5) Requires a Federal agency, whenever it takes an agency action limiting the use of private property that may be affected by this Act, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them pursuant to amendments under this Act.

May 6, 199700

Private Property Rights Implementation Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in civil rights cases it shall not abstain from exercising or relinquishing its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged.

Authorizes the district court, in such cases that cannot be decided without resolution of a significant but unsettled question of State law, to certify such question to the highest appellate court of that State (and after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits). Bars the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case.

Requires that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress.

Provides that any claim brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims that is founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress.

Sets guidelines for what constitutes a "final decision" for purposes of this Act.