|00:00:00||THE DISTINGUISHED CHAIRMAN AND THE MANAGER OF THE LEGISLATION, THE DISTINGUISHED GENTLEMAN.|
|00:00:13||AND I LOOK FORWARD TO JOINING IN SUPPORTING THIS LEGISLATION, H.|
|00:00:20||THIS IS A LEGISLATION THAT HAS BEEN LONG IN COMING, IT'S A BIPARTISAN INITIATIVE, AND I THINK IT IS PARTICULARLY IMPORTANT WHEN WE SPEAK TO OUR COLLEAGUINGS WHO ARE REPRESENTING THE AMERICAN PUBLIC TO BE ABLE TO SAY THAT PROPERTY IS VALUABLE, THAT THE BILL OF RIGHTS THAT REQUIRES DUE PROCESS BEFORE A TAKING IS BEING REINFORCED BY THIS LEGISLATION.|
|00:00:49||H.R. 1433 WOULD PROHIBIT A STATE OR POLITICAL SUBDIVISION FROM EXERCISING ITS POWER OF EMINENT DOMAIN OR ALLOWING THE EXERCISE OF SUCH POWER BY DELEGATION OVER PROPERTY TO BE USED FOR ECONOMIC DEVELOPMENT OR OVER PROPERTY USED FOR ECONOMIC DEVELOPMENT WITHIN SEVEN YEARS AFTER THAT EXERCISE IF THE STATE OR POLITICAL SUBDIVISION RECEIVES FEDERAL ECONOMIC DEVELOPMENT FUNDS IN ANY FISCAL YEAR IN WHICH THE PROPERTY IS SO USED OR INTENED TO BE USED.|
|00:01:16||TEXAS HAS FACED A NUMBER OF INCIDENCES, MR.|
|00:01:19||SPEAKER. ONE IN PARTICULAR IS AFTER THE AFTERMATH OF HURRICANE IKE, ALTHOUGH THERE ARE DIFFERENT LAWS DEALING WITH COASTAL PROPERTY, I SEE THE PAIN OR SAW THE PAIN IN A NUMBER OF BEACH OWNERS' FACES, AS THEIR PROPERTY WAS CONDEMNED.|
|00:01:35||EVEN THOUGH THEY WERE TRYING TO ANXIOUSLY SAVE IT.|
|00:01:41||THIS BILL ESTABLISHED -- ESTABLISHES A PRIVATE CAUSE OF ACTION FOR ANY PRIVATE PROPERTY OWNER OR TENANT WHO SUFFERS INJURY AS A RESULT OF VIOLATION OF THIS ACT THIS HELPS THE LITTLE GUY.|
|00:01:53||SOMEONE WHO OWNS PROPERTY CAN ACTUALLY HAVE A REMEDY TO STAND UP AND CHALLENGE THE TAKING OF THEIR PROPERTY.|
|00:02:00||THE BILL PROHIBITS STATE IMMUNITY IN FEDERAL OR STATE COURT AND SETS THE STATUTE OF LIMITATIONS AT SEVEN YEARS.|
|00:02:09||ALTHOUGH I OFFERED AN TEMPERATURE TO -- AMENDMENT TO EXTEND THAT TO 10 YEARS, I COMPROMISED AT SEVEN.|
|00:02:17||AS WELL AS CALLING ON THE ATTORNEY GENERAL TO BRING ACTION IN CERTAIN CIRCUMSTANCES, PROHIBITS AN ACTION BROUGHT LATER THAN SEVEN YEARS AFTER THE CONDEMNATION PROCEEDINGS.|
|00:02:28||MAYBE WHEN IT MAKES ITS WAY THROUGH, WE'LL HAVE AN OPPORTUNITY TO EXPAND THAT SEVEN-YEAR PERIOD.|
|00:02:37||THREE AMENDMENTS I OFFER TO THE BILL, ONE, SOME OF THEM WERE ACCEPTED, MY FIRST AMENDMENT REQUIRES THAT A STUDY BE CONDUCTED TO IDENTIFY THE NUMBER OF MINORITIES VERSUS NONMINORITIES IMPACTED BY THE ACT, IN ADDITION TO THE MEDIAN INCOMES OF THOSE WHO ARE AFFECTED.|
|00:02:57||MY SECOND AMENDMENT REQUIRES THE ATTORNEY GENERAL TO INFORM MINORITY COMMUNITIES IF IT IS DERLED THE ACT HAS A DISPROPORTIONATE IMPACT.|
|00:03:07||BOTH OF THOSE AMENDMENTS, I BELIEVE, WERE ACCEPTED.|
Ms. JACKSON LEE of Texas. I thank the distinguished chairman and the manager of the legislation, the distinguished gentleman from Virginia, and look forward to joining in supporting this legislation, H.R. 1433.
This is legislation that has been long in coming. It is a bipartisan initiative, and I think it is particularly important, when we speak to our colleagues who are representing the American public, to be able to say that property is valuable, that the Bill of Rights that requires due process before a taking is being reinforced by this legislation.
H.R. 1433 would prohibit a State or political subdivision from exercising its power of eminent domain, or allowing the exercise of such power by delegation, over property to be used for economic development, or of a property that is used for economic development, within 7 years after that exercise if the State or political subdivision receives Federal economic development funds during any fiscal year in which the property is so used or intended to be used.
Texas has faced a number of incidences, Mr. Speaker. One, in particular, is after the aftermath of Hurricane Ike. Although there are different laws dealing with coastal property, I saw the pain in a number of beach owners's faces as their property was condemned, even though they were trying to anxiously save it.
This bill establishes a private cause of action for any private property owner or tenant who suffers injury as a result of violation of this act. This helps the little guy--someone who owns property can actually have a remedy to stand up and challenge the taking of their property.
The bill prohibits State immunity in Federal or State court and sets the statute of limitations at 7 years. Although I offered an amendment to extend that to 10 years, I was willing to compromise at 7, as well as requiring the Attorney General to bring an action to enforce this act in certain circumstances, but prohibits an action brought later than 7 years following the conclusion of any condemnation proceedings.
[Time: 17:00] And maybe as it makes its way through, we'll have an opportunity to expand that 7-year period. These are the efforts of Mr. Sensenbrenner and Congresswoman Waters, along with the rest of us who cosponsored this amendment.
The three amendments I offered to the bill, some of them were accepted. My first amendment requires that a study be conducted to identify the number of minorities versus non-minorities who will be impacted by the act, in addition to the median incomes of those who are mostly highly affected.
My second amendment requires the United States Attorney General to locate and inform members of minority communities if it is determined that the act has a disproportionate impact. Both of those amendments, I believe, were accepted.