Orrin Hatch: “Another amendment to the bill requires a party seeking redress for a taking of real property to give any potential…”

“Another amendment to the bill requires a party seeking redress for a taking of real property to give any potential defendant written notice 60 days prior to a commencement of action in district court. This was added to address the localities' concerns that they will have insufficient time to negotiate with parties seeking redress before a Federal action was filed. This delay, I might add, acts as an inducement to seek compromise. In addition, we added a nuisance provision to the purpose section of the bill that confirms State power to prevent land uses that are nuisances. I suspect that a house of prostitution would be a nuisance alongside a church or some other place. Perhaps there are many in this body that might agree with me that it is a nuisance, period. Under existing law, States have authority to abate nuisances and zone for commercial or residential uses. The Supreme Court, in Lucas v. South Carolina Coastal Council, held that such State actions require no compensation to affected landowners. This change in the bill thus makes clear that State prerogatives are not altered. The bill, in any event, changes no substantive law and merely allows property owners fair access to the Federal courts after having gone through a variety of procedures in the State courts.”