The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“PROMPT COMPENSATION ACT OF 1998” mentioning the U.S. Dept. of Justice was published in the Extensions of Remarks section on pages E1302-E1303 on July 15, 1998.
The publication is reproduced in full below:
PROMPT COMPENSATION ACT OF 1998
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HON. DUNCAN HUNTER
of california
in the house of representatives
Wednesday, July 15, 1998
Mr. HUNTER. Mr. Speaker, I rise today to discuss an issue that is extremely important, private property rights. All of us have heard from constituents in our districts who are frustrated with the process by which the government provides compensation to landowners for the private property it acquires. As you know, the federal government obtains private property for all types of reasons, from community and infrastructure development to environmental concerns. Unfortunately, it is common for this process to take several years, during which, the property owner is discouraged from conducting any type of development or improvement activity upon their land. It is for this reason that I will soon be introducing The Prompt Compensation Act of 1998.
Currently, the federal government has two alternatives available in acquiring private property. The first is termed as a ``straight condemnation'' procedure where a landowner receives notification that a federal agency has requested the Justice Department to file a complaint in condemnation in an attempt to acquire their property. The complaint is filed with the district court of the district where the land is located and the appropriate compensation is ascertained. Once this process is completed, the federal government is afforded the option of paying this amount and assuming the title of the land or moving for dismissal, in which case, the title of the property remains with the original owner. It is important to remember that during this process, the landowner's opportunity to conduct any type of development is severely limited, depriving these individuals of time, revenue and, in some cases, overall value in their land.
The second alternative is termed a ``quick-take'' procedure where the title of the property is immediately transferred to the federal government and an amount, which the government presumes the land is worth, is provided to the owner. Normal protocol is then followed, a condemnation complaint is filed and the court determines just compensation. If this amount is more than that originally provided, the federal government is required to pay the difference with interest.
The Prompt Compensation Act of 1998 will require the federal government to provide just compensation to the property owner within 90 days or forfeit its interest. In other words, this legislation will simply make the ``quick-take'' procedure the only option available to the federal government. The Prompt Compensation Act of 1998 will require the federal government to strongly consider all viable alternatives before attempting to acquire new land and prevent landowners from losing valuable time in developing their property. I urge all my colleagues to become a cosponsor of this bill and to strongly consider the significant impact this legislation will have in curbing the taking authority of the federal government, while at the same time, strengthening the private property rights of America's landowners.
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