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S. 2271: The Property Rights Implementation Act of 1998 (CRS Report for Congress)

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Release Date July 10, 1998
Report Number 98-601
Report Type Report
Authors Robert Meltz, American Law Division
Source Agency Congressional Research Service
Summary:

On July 7, 1998, Senator Hatch introduced S. 2271 , the "Property Rights Implementation Act of 1998." The bill appears to be the likely replacement on the Senate 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 numerous changes. Among these are a restriction of H.R. 1534 's takings-ripeness provisions to real property rather than all types of property, a new definition of "futility," different restrictions on district court abstention, and new provisions as to attorneys fees and prior notice applicable to parties suing local governments for takings under 42 U.S.C. sec. 1983.
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