Property Bill of Rights passed by House

On September 29, the House of Representatives passed HR4772, the Private Property Rights Implementation Act of 2006, by a vote of 231-181. IREM lobbied in support of HR4772 and continues to support the legislation.

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HR4772 would help ensure due process for property owners when their rights have been violated and their property has been taken. The bill would clear procedural hurdles that affect property owners’ access to justice and provide the opportunity to protect their rights. Currently, property owners do not have the option of directly pursuing a Fifth Amendment claim in federal court. They first must exhaust all possible state and local administrative remedies.

HR4772 would shorten the process by clearly defining a final agency action, thereby eliminating a cycle of potentially endless appeals. The bill applies only to claims filed in federal court by property owners seeking relief from violations of federal statutory and Constitutional law. It would not give federal courts new authority on questions that are legitimately under state court purview.