On the recordMarch 11, 1998
I rise in favor of H.R. 992, the Tucker Act Shuffle Relief Act. This bill brings power back to its rightful place, the taxpayer or the property owner. For too long, our constituents had been denied a quick and painless pursuit of their Fifth Amendment freedom. Our Constitution clearly recognizes that the right to own and manage one's property is essential to protect the other rights delineated in the Constitution. We must ensure that property owners have the same access to Federal courts as any other individual who claims his constitutional rights had been violated. This bill simply streamlines the process to allow private property owners full recovery for a taking in one court. It does this by granting both Federal district courts and the Court of Federal Claims concurrent jurisdiction to hear all claims related to property rights. This procedural fix will end the delays and increasing cost of litigation inherent in the Tucker Act as well as provide swift justice for property owners seeking to enforce their constitutional rights under the Fifth Amendment. I want to thank my good friend, the gentleman from Texas (Mr. Smith) for offering this very important piece of legislation.
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