Vote Smart's Synopsis:

Vote to pass a bill that restricts federal courts from ceding jurisdiction over any claim brought by a property owner challenging a federal agency action under the US Constitution's 5th Amendment (the "takings" clause) and clarifies issues relating to jurisdiction and process in such claims.

Highlights:

• Allows any property owner to challenge federal agency actions involving takings of land in federal courts without having the case removed to state court, unless state law issues are also raised by the case or where a case based on the same essential facts is already before a state court.

• Requires federal agencies to provide notice to a land owner of his or her rights to compensation and judicial appeal under this act where a federal agency action may result in the land owner's deprivation of property (a "taking").

• Authorizes concurrent jurisdiction in federal district courts and US Court of Federal Claims over matters arising from federal agency actions involving takings.

• Clarifies the role of US Court of Federal Claims in judicial review of federal agency actions and administrative decisions involving property takings.

Full Bill Text

Full Bill Text