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Bill
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Eminent Domain Just Compensation Act

H.R. 440 · 116th Congress · Jan 10, 2019 · Lineage

A BILL

To amend the Immigration and Nationality Act, to clarify the authority of the Secretary of Homeland Security to take property using eminent domain, and for other purposes.

1. Short title

This Act may be cited as the “Eminent Domain Just Compensation Act”.

2. Limitation on authority of the Secretary of Homeland Security to take property using eminent domain

Section 103(b) of the Immigration and Nationality Act (8 U.S.C. 1103(b)) is amended—
(1)
by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”; and
(2)
in paragraph (3), by striking “the Act of August 1, 1888 (Chapter 728; 25 Stat. 357).” and inserting the following: “section 3113 of title 40, United States Code, except that notwithstanding section 3114 of title 40, United States Code, the Government may not take any land prior to the issuance of a final judgment pursuant to the proceedings under section 3113 of such title.”.