Charles T. Canady: “Mr. Chairman, the Private Property Rights Implementation Act of 2000, which is now under consideration by the House…”

“Mr. Chairman, the Private Property Rights Implementation Act of 2000, which is now under consideration by the House, would provide property owners with meaningful access to justice when they seek to assert their Federal rights under the takings clause of the fifth amendment in Federal court. The fifth amendment to the United States Constitution prohibits the Federal Government from taking private property for public use without just compensation. This takings clause, which was made applicable to the States through the fourteenth amendment, has been held to require the Government to provide just compensation not only when property is directly appropriated by the Government but also when governmental regulations deprive a property owner of all beneficial uses of the land. Under current law, however, property owners whose property has been taken through government regulation may not proceed directly to Federal court to vindicate their rights.”