Katie Porter: “Mr. Chairman, let me summarize by saying, the legislation as it presently stands would take egregious bureaucratic…”

“Mr. Chairman, let me summarize by saying, the legislation as it presently stands would take egregious bureaucratic action of a few cases and replace it with egregious legal action in every single case. An agency which does anything that affects private property would find itself in court. Every single regulation or the application of every single regulation would mean a lawsuit and ultimately the payment probably of compensation. If the sponsors of the legislation think that there is too much going to court under the fifth amendment, I suggest that the way this legislation becomes law, every regulation you go to court, arbitration, we will delay it, yes, but you go to court. This is a lawyer's bill like no other lawyer's bill I have ever seen. I suggest to the Members that the amendment that we have offered is a reasonable amendment. It was introduced by Senator Dole as a piece of legislation in the Senate. It is built on the Reagan executive order except it goes beyond the executive order to make the assessment available to the property owner and to the public. It maintains compensation under the Constitution for the taking of private property unless the agency fails to do the private property impact assessment on any agency action. Issuing a regulation or dealing with property in any way, there has to be an impact assessment. If they do not do it, then this legislation, the Canady-Tauzin, applies. I commend it to the Members.”