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1 1 (February 17, 2000)

handle is hein.crs/crsahhm0001 and id is 1 raw text is: Order Code RS20473 February 17, 2000 Court Rulings During 1998 on Constitutional Takings Claims Against the United States Robert Meltz Legislative Attorney American Law Division Summary In light of congressional activity on property rights bills during 1998, CRS extends its practice of compiling reported court decisions, involving federal actions and/or federal statutes, that resolved Fifth Amendment property rights takings challenges on the merits. Decisions in 1998 meeting this criteria numbered 33, of which three found a taking. The federal programs implicated in this year's decisions echo the broad diversity of such programs customarily involved in takings litigation against the United States. Areas generating multiple takings decisions in 1998 were telecommunications access, the fighting or intentional setting of forest fires, Indian tribal land rights, bankruptcy law, response to failed S&Ls, and the federal wetlands permitting program. During 1998, the second session of the 105th Congress continued consideration of process type property rights bills begun in the first session. Process bills, in the context of the property rights debate, are those that do not propose a standard for what constitutes a taking of property by government, but instead seek to streamline the judicial process for asserting such claims under the Fifth Amendment's Takings Clause. In March, 1998, the House passed H.R. 992, which would end the current jurisdictional split between the U.S. Court of Federal Claims and the federal district courts, allowing landowners to seek compensation for the impacts of government action, and seek invalidation of such action as unlawful, in the same court. In the Senate, the Judiciary Committee reported S. 1256, which combined the jurisdiction-enhancing approach of H.R. 992 with that of H.R. 1534 (passed by the House in the first session), reducing certain threshold barriers to asserting takings claims in federal court. The hybrid Senate bill came to the floor as S. 2271, where it was defeated in July, 1998 on a cloture vote. As noted, these bills dealt with process issues, not with the substantive question whether a particular government action constituted a taking. Still, because congressional interest in the takings issue continues, CRS continues to issue annual compilations of judicial activity in this area. These compilations list court decisions, published in a West Congressional Research Service + The Library of Congress CRS Report for Congress Received through the CRS Web

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