Mr. Chairman, let me first assure my friend, the gentleman from California (Mr. Calvert) that his language was considered in the negotiations on this bill. Language protecting willing sellers was eventually adopted in this bill. It is contained in the bill today. It is done in a better way than the language the gentleman proposes, however, and that is why I suggest you reject the gentleman's amendment. Under current law, agencies can condemn property through adverse condemnation proceedings. They can also take your property through regulation, that is called inverse proceedings. So there are two ways that property can be taken. CARA changes that. CARA says, and let me quote the language to my colleagues, on page 31, line 18, Willing Seller Requirement: The Federal portion may not be used to acquire any property unless (A) the owner of the property concurs in the acquisition or (B) the acquisition of the property is specifically approved by an act of Congress. In other words, the bill provides that unless a seller is willing to sell the property, the only way the government can take that property is to come to Congress and get a specific line item authorization authorizing the taking of that property through adverse proceedings.
William Tauzin: “Mr. Chairman, let me first assure my friend, the gentleman from California (Mr. Calvert) that his language was…”
Editor's note · Context
Discussing property acquisition provisions in the CARA bill during a committee meeting.
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