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This bill — known as the Private Property Rights Protection Act — would prohibit state and local governments from using eminent domain to condemn and acquire private property for economic development purposes. It’d also exclude states in violation of this prohibition from receiving federal economic development assistance for two fiscal years unless they’ve returned the property claimed under eminent domain, replaced any other property destroyed as a result of the eminent domain violation, and paid any applicable penalties and interest. The federal government would also be prohibited from using eminent domain for economic development purposes.

Both federal and state governments would be prohibited from exercising the power of eminent domain over a religious or other nonprofit organization’s property because of the organization’s nonprofit or tax-exempt status.

The bill would also establish a process for private property owners or tenants suffering injury as a result of eminent domain violations to seek cures. In such cases, individuals may either bring private actions, or notify the Department of Justice (DOJ). In the latter case, DOJ would have to investigate notices of alleged violations, provide the government authority with 90 days to cure any violations that exist, and bring actions to enforce this bill if the government is still in violation after the 90-day period. In the case of private cases, DOJ must also act to intervene if necessary to enforce this bill.

In matters of eminent domain, this bill would: 1) waive state immunity in federal or state court, and (2) prohibit actions from being brought after a seven-year statute of limitations following the conclusion of any condemnation proceedings.

DOJ would be required to disseminate information to states and the public regarding: 1) property owners’ and tenants’ rights under this bill, and 2) the federal laws under which federal economic development funds are distributed.

Finally, if a court determines that an eminent domain violation had a disproportionate impact on the poor or minorities, the DOJ would have the responsibility to make efforts to locate the property’s former owners and tenants to inform them of the violation and any possible remedies.

","official_title":"To protect private property rights.","short_title":"Private Property Rights Protection Act of 2017","popular_title":null,"short_summary":"Private Property Rights Protection Act of 2017\n\nThis bill prohibits 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 that is used for economic development within seven 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.\n\nThe bill also prohibits the federal government from exercising its power of eminent domain for economic development.\n\nPrivate property owners or tenants suffering injury as a result of a violation of this bill may: (1) bring private actions, or (2) notify the Department of Justice (DOJ). DOJ must investigate notices of alleged violations, provide the government authority with 90 days to cure any violations that exist, and bring actions to enforce this bill if the government is still in vi...","summarized":true,"cost":null,"cost_commentary":"The CBO estimates that the additional reporting by the DOJ required in this bill would cost less than $500,000 per year. There are unlikely to be other changes to current spending affected by this bill, as state and local governments will likely try to avoid losing federal funds.","impact":"States; minorities; eminent domain development; and DOJ.","argument_for":"The use of eminent domain to make land more economically productive often harms minorities and lower-income communities. 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Should Eminent Domain Not be Used by Federal or State Gov't for Economic Development Purposes?