Bill Allows Land Owners' Takings Claims in Federal Court
H.R. 4772, the Private Property Rights Implementation Bill would allow property owners to litigate takings claims in federal court.
"Under current law, landowners face a real Catch-22 situation. They must litigate their case in state court before a federal court will rule on a Fifth Amendment takings claim. However, bringing the case to state court and having a takings claim heard -- even under state law -- precludes a review by the federal courts. As a result, property owners can never have their Fifth Amendment takings cases heard in federal court."
Home Builders Call on Congress to Pass Property Rights Bill , PRNewswire, Sept. 27, 2006, posted on the Builder Online website.