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FEB-28-199S 08:33 KOGOVSEK & ASSOCIATES 303 831 1888 P.03 _ February 1994 Page 2 Federal Actions Con&ress Considers Bills to Limit "Takings" In a flurry of bills, Congress is addressing the issue of "takings" - the damages to private property values suffered as a result of federal regulation. Softening the burden of regulation is one of the ten commitments made in the Republican ContraCt with America. At this time of writing, five senate bills and two house bills are being considered to alleviate federal regulatory burden. 5.22 (Dole) "Private Pro perry Rights Act of 1995." The Act instructS all federal agencies to "avoid takings of private property," where taking is defined as any action whereby private property is taken "in such a way as to require compensation under the fifth amendment to the United States Constitution." To reduce the prospect of takings, "all agencies of the federal government shall complete a private property takin~ impllcl analysii btf'ort issuing or prornulgat:::s ;;;:y policy, rCg'.:ll~ion, proposed legislation, or related agency action which is likely to result in a taking of private propel"ly." The analysis shall be available to the public and be conducted under the guidance of the Attorney General. The bill has been referred to the Senate Committee on Governmental Affairs. S.100 (Glenn) "Reglllatory Accoumabiliry Act of 1995." The bill requires agencies to consider the costs and benefits of proposed regulations and other actions. For major rule changes (those likely to have an impact on the economy of more than S100 million) agencies will have to perform a regulatory analysis. The bill would also require the President to establish a process "for the centralized review and coordination of federal agency regulatory actions. Such review shall be conducted by and be the responsibility of the Direaor of OMB. And each agency shall provide the public with opportunities for meaningful pal"licipation in the development of regulatory actions." The bill has been referred 10 the Senate Committee on Governmental Mairs. S.J35 (Halch) "ProJHrry Rights Liligation Relief Act of 1995." This bill is designed to prolect private property from federal government intrusion. The bill states that "no asency or state agency shall take private property except for public purpose and with just compensation to the property owner." Property owners shall be eligible for compensation if government actions have diminished by the lesser of 20 percent or more or S10,OOO or more with respect to the value immediately prior to the government.. action. The bill also gives propel"lY owners the right to file a civil action to challenge the validity of any agency action that has adversely affeaed the owners' interests in private property. Property owners would be able fully to recover for a taking in a single COUI"l through amendments to the Tucker Act. The .. bill has been referred to the Senate Committee on the Judiciary. S.145 (Gramm) "Private Properry Rights Restoralioll Act." The bill would give property owners a prima facie case against the United Slates if the Government action results in a temporary or permanent diminution offair market. value of the affected portion orreal property of the lesser of25 percent or more or S10,000 or more. Actions should be filed in the United States COUI"l of Federal Claims. The bill has been referred to the Senate Committee on Governmental Mairs. S.2J9 (Nickles et al.) "Regulatory Transition Act of 1995." This bill declares a moratorium on regulatory rulemaking actions within 30 days after the enactment of the Act until July I, 1995. The bill also requires the President to conduct an inventory and publish in the Federal Register a list of all regulatory rulemaking actions subject to this moratorium. WATER INTEllIGENCE MONTHLY Published by SlrslCCOD, IDe. P.o. Bo"6J.C1.ron'''~ C... 9\111 ("') 611-1"3