S.1954 - Omnibus Property Rights Act of 1996104th Congress (1995-1996)
Summary: S.1954 — 104th Congress (1995-1996)
Introduced in Senate (07/16/1996)
TABLE OF CONTENTS:
Title I: Findings and Purposes
Title II: Property Rights Litigation Relief
Title III: Alternative Dispute Resolution
Title IV: Private Property Taking Impact Analysis
Title V: Private Property Owners Administrative Bill of
Title VI: Miscellaneous
Omnibus Property Rights Act of 1996 - Title I: Findings and Purposes - Sets forth findings and purposes for this Act.
Title II: Property Rights Litigation Relief - Prohibits Federal and State agencies from taking private property except for public use and with just compensation to the owner. Sets forth the circumstances in which compensation is required.
Prohibits filing claims against a State agency for carrying out a regulatory program mandated by Federal law, delegated under a Federal program, or funded by Federal funds in connection with a State regulatory program.
Title III: Alternative Dispute Resolution - Provides for settlement or arbitration, on consent of both parties, of property rights disputes. Declares that title 9 of the U.S. Code (relating to arbitration) shall apply to enforcement of awards rendered under this title.
Title IV: Private Property Taking Impact Analysis - Requires that Federal agency actions likely to result in the taking of private property be preceded by a written impact analysis available to the public.
Title V: Private Property Owners Administrative Bill of Rights - Directs Federal agency heads enforcing the Endangered Species Act and the Federal Water Pollution Control Act to: (1) comply with State and tribal laws; (2) act in the manner least intrusive to private property rights; (3) implement rules and regulations to ensure the protection of those rights; (4) refrain from entering private property to acquire information without the written consent of and notice to the owner; and (5) refrain from using data collected on privately owned property to implement or enforce such Acts without providing the property owner with access to and the opportunity to dispute the data.
(Sec. 506) Amends the Federal Water Pollution Control Act and the Endangered Species Act of 1973 to establish property owner appeal rights.
(Sec. 508) Requires agency heads to provide owners of private property adversely affected by agency action with the option to: (1) sell the property to the agency for fair market value without use restrictions; (2) receive compensation for any resulting decrease in the property's fair market value; or (3) enter into arbitration.
Requires that payment under this title, at the property owner's election, be provided for in accordance with the standard specified under title II of this Act, or in the amount equal to the fair market value of the property before the date of the final agency action with respect to which the property or interest is acquired.
(Sec. 509) Amends the Endangered Species Act of 1973 to require notice to all private property owners or lessees of property subject to the Act of any new management agreement with a non-Federal person that establishes restrictions on property use, providing each of them the opportunity to participate in the agreement.
Title VI: Miscellaneous - Sets forth severability provisions and the effective date of this Act.