[19980710]98-601_S、 2271：1998年《产权实施法》.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS Web98-601 AJuly 10, 1998S. 2271: The Property Rights Implementation Actof 1998(name redacted)Legislative AttorneyAmerican Law DivisionSummaryOn July 7, 1998, Senator Hatch introduced S. 2271, the Property RightsImplementation Act of 1998. The bill appears to be the likely replacement on theSenate floor for H.R. 1534 as reported by the Senate Committee on the Judiciary. S.2271 retains the basic process approach of its predecessor, but makes numerouschanges. Among these are a restriction of H.R. 1534s takings-ripeness provisions toreal property rather than all types of property, a new definition of futility, differentrestrictions on district court abstention, and new provisions as to attorneys fees andprior notice applicable to parties suing local governments for takings under 42 U.S.C.sec. 1983.On July 7, 1998, Senator Hatch introduced S. 2271, the Property RightsImplementation Act of 1998. The bill takes a process approach to the property rightsissue, lowering or eliminating some of the threshold hurdles now encountered by propertyowners when they sue local governments, or the fede