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.