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The Administration strongly opposes H.R. 2372. If the bill were presented
to the President, his senior advisers would recommend that he veto it.
H.R. 2372 would shift authority over State and local land use issues to
Federal courts, creating a threat of expensive litigation that would favor
the wealthy developer over the common homeowner. This shift entails
radical changes to the existing legal doctrines of ripeness and
abstention, and would result in judicial inefficiencies and confusion.
The Administration is fully committed to the protection of private
property, including the payment of just compensation under the Fifth
Amendment when private property is taken for public use. H.R. 2372,
however, would harm neighboring property owners, weaken local public
health, safety and environmental protections, and lower the quality of
life in a community by undermining the ability of local officials to
protect their communities through local land use planning. The changes to
"ripeness" and "abstention" doctrines would allow claimants to bring
premature and inappropriate lawsuits in Federal court, thereby shifting
authority to Federal courts at the expense of State and local officials.
The shift could also greatly burden local officials through the threat of
premature, expensive litigation.
H.R. 2372 would violate constitutional limits on congressional power if
read, as its supporters intend, to allow for a ruling that an
uncompensated taking has occurred even when a claimant has declined to
pursue available State compensation remedies. The Supreme Court has held
that without a denial of compensation by the State court, a takings claim
does not exist. Therefore, the very claims that are supposedly being
expedited are likely to be dismissed, resulting in increased costs and
delayed resolution of the issue.
Aside from the compensation issues, the bill's administrative finality
provisions would raise additional concerns. These provisions would
supersede existing case law requiring landowners to obtain a final
decision from State or local land use officials before suing in Federal
court. H.R. 2372 would require Federal courts to decide takings claims
without the benefit of adequate factual records, thereby, forcing Federal
courts to render poorly informed decisions. As well, this bill would
further delay the resolution of pending claims by channeling more lawsuits
into already overcrowded Federal courts.
In summary, H.R. 2372 would improperly and seriously interfere with needed
property rights protections at all levels of government, especially local
protections for neighborhoods and communities.
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