Property Owners Access to Court Act of 2010
Latest action · Jun 29, 2010 Referred to the House Committee on the Judiciary.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJun 29, 2010
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Property Owners Access to Court Act of 2010 - Amends the federal judicial code to provide that, whenever a district court exercises jurisdiction in civil rights cases in which the operative facts concern the uses of real property, it shall not abstain from exercising such jurisdiction, or relinquish it to a state court, if the party seeking redress does not allege a violation of a state law, right, or privilege, and no parallel proceeding is pending in state court, at the time the action is filed in the district court, that arises out of the same operative facts as the district court proceeding.
Declares that in an action in which operative facts concern the uses of real property, the district court shall exercise jurisdiction even if the party seeking redress does not pursue judicial remedies provided by a state or territory. Provides for referral of an unsettled question of state law to the state's highest appellate court. Prohibits the district court from certifying a question of state law unless it is necessary to resolve the merits of the injured party's federal claim, and such question is patently unclear.
Declares that any claim or action to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any law, regulation, custom, or usage of any state or U.S. territory that causes actual and concrete injury to the party seeking redress.
Declares that any claim founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States which causes actual and concrete injury to the party seeking redress.
Amends the Revised Statutes of the United States and the federal judicial code with respect to certain constitutional property rights claims.
Provides for the liability of the United States for certain claims, brought under U.S. district court jurisdiction or Court of Federal Claims jurisdiction, where the claim is founded upon a property right or privilege secured by the Constitution.
Requires a federal agency, whenever it takes action limiting the use of private property that may be affected by the amendments made by this Act, to give notice to the owners of that property explaining their rights and the procedures for obtaining any compensation that may be due to them under such amendments.
Cosponsors 22
Members who signed on, in the order they did. All signed on Jun 29, 2010.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-NE | Adrian Smith | Original | Jun 29, 2010 |
| R-FL | Bill Posey | Original | Jun 29, 2010 |
| R-CA | Brian P. Bilbray | Original | Jun 29, 2010 |
| R-IN | Dan Burton | Original | Jun 29, 2010 |
| R-CA | Dana Rohrabacher | Original | Jun 29, 2010 |
| R-NV | Dean Heller | Original | Jun 29, 2010 |
| R-CA | Elton Gallegly | Original | Jun 29, 2010 |
| R-KY | Geoff Davis | Original | Jun 29, 2010 |
| R-UT | Jason Chaffetz | Original | Jun 29, 2010 |
| R-AZ | Jeff Flake | Original | Jun 29, 2010 |
| R-TX | John Abney Culberson | Original | Jun 29, 2010 |
| R-AZ | John B. Shadegg | Original | Jun 29, 2010 |
| R-MN | John Kline | Original | Jun 29, 2010 |
| R-TX | K. Michael Conaway | Original | Jun 29, 2010 |
| R-TX | Kenny Marchant | Original | Jun 29, 2010 |
| R-GA | Paul C. Broun | Original | Jun 29, 2010 |
| R-TX | Ralph M. Hall | Original | Jun 29, 2010 |
| R-UT | Rob Bishop | Original | Jun 29, 2010 |
| R-FL | Thomas J. Rooney | Original | Jun 29, 2010 |
| R-AZ | Trent Franks | Original | Jun 29, 2010 |
| R-NC | Virginia Foxx | Original | Jun 29, 2010 |
| R-CA | Wally Herger | Original | Jun 29, 2010 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Jun 29, 2010 |
Actions 2
Everything that happened, newest first.
- Jun 29, 2010Introduced in House
- Jun 29, 2010Referred to the House Committee on the Judiciary.
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To simplify and expedite access to the Federal courts for injured parties whose rights and privileges under the United States Constitution have been deprived by final actions of Federal agencies or other government officials or entities acting under color of State law, and for other purposes.
- Short Titles as Introduced
- Property Owners Access to Court Act of 2010
Subjects
Assigned by the Library of Congress. Policy area: Law.
Text 1
Each version as it was printed, newest first.
- Jun 29, 2010Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.