A copy of a bill proposed by Congressman Tom Reed (R-Corning, NY) that make it possible for landowners in states like New York to sue the state (or a local town) if the landowner has been harmed economically by actions like frack bans. The landowner would be able to recover at least some of the economic harm inflicted as a result of governmental action.
This document provides an introduction to Land Law I, including:
- A historical background of land laws in Malaysia from 1911 onwards.
- An overview of the key differences between the English title deeds system and the Torrens system of land registration that was implemented in Malaysia.
- A discussion of concepts relevant to land law like ownership, title, interests, and dealings.
- An analysis of the applicability of English doctrines of equity relating to land in Malaysia and how this has been interpreted judicially.
- An outline of provisions in statutes like the National Land Code, Civil Law Act, and Specific Relief Act that are important for understanding land law in Malaysia.
Vested property settlement policy in BangladeshNur E Sowrove
This document outlines the Vested Property Act passed in Bangladesh in 2001. Some key points:
- The act reverts some government-owned "vested property" back to their original Bangladeshi owners or successors. Vested property includes property confiscated under previous defense and enemy property acts.
- It establishes tribunals to review claims for properties to be reverted and determine rightful owners. District commissioners are tasked with implementing tribunal decrees.
- The act prohibits new claims for inclusion on the revertible property list after the act's passage and transfer of ownership of revertible properties until reversion is complete.
- It outlines the process for property owners to apply for reversion and appeal
The document discusses the concepts of immediate indefeasibility and deferred indefeasibility under Section 340 of the National Land Code (NLC) of Malaysia. It summarizes several key court cases that have interpreted Section 340 differently, coming to conflicting conclusions on whether it provides for immediate or deferred indefeasibility. The most recent Federal Court case in 2010, Tan Ying Hong v Tan Sian Sang, applied the concept of deferred indefeasibility and declined to follow the earlier 2001 Federal Court decision in Boonsom Boonyanit v Adorna Properties, which had established the precedent of immediate indefeasibility.
This document provides an April 2010 draft of the Anti-Counterfeiting Trade Agreement (ACTA). It includes initial provisions, definitions, and chapters on legal frameworks for intellectual property enforcement. The draft text is still being negotiated between participants and contains bracketed options throughout. Key aspects covered include general obligations of parties, availability of civil and criminal procedures and remedies, provisional measures, special requirements related to border measures, criminal offenses, and international cooperation.
Sectional Properties Act (no. 21 of 1987), Kenya StatuteMūniū Karanja
An Act of Parliament to provide for the division of buildings into units to be owned by individual proprietors and common property to be owned by proprietors of the units as tenants in common and to provide for the use and management of the units and common property and connected purposes
ASSIGNMENT ON – “THE ACQUISITION AND REQUISITION OF IMMOVABLE PROPERTY ORDI...Asian Paint Bangladesh Ltd
The document is the Acquisition and Requisition of Immovable Property Ordinance of 1982 from Pakistan. It establishes procedures for the government to acquire private property for public purposes. Some key points:
- It allows the Deputy Commissioner to publish notices for properties proposed for acquisition. Owners can object within 15 days and the Deputy Commissioner must hear objections.
- For properties over 50 standard bighas, the Divisional Commissioner makes the final decision. For smaller properties, the Deputy Commissioner decides.
- Once acquisition is approved, the Deputy Commissioner issues notices, determines compensation, and apportions it among interested parties. Compensation considers the property value and any damages from losing the land.
The sale and purchase agreement between Johan and Nabil is null and void as a temporary occupation license cannot be transferred. The land office can terminate the license due to breach of conditions without compensation. Johan cannot claim compensation from the land office for the house built on the land.
Kerajaan Negeri Selangor v Sagong Tasi & Ors [2005] 6 MLJ 289surrenderyourthrone
The Court of Appeal dismissed the defendants' appeal in a case involving the acquisition of indigenous lands by the Selangor state government. The key holdings were:
1) The plaintiffs, as members of the Temuan tribe, held customary communal title over the lands in question based on their traditional occupation and use. This was a question of fact supported by evidence.
2) The Aborigines Peoples Act 1954, which aims to protect indigenous rights, must be interpreted broadly in favor of indigenous peoples. It recognizes the plaintiffs' customary communal title.
3) The acquisition of the lands amounted to compulsory acquisition requiring adequate compensation under the Federal Constitution. The relevant section of the 1954 Act must be read to provide
This document provides an introduction to Land Law I, including:
- A historical background of land laws in Malaysia from 1911 onwards.
- An overview of the key differences between the English title deeds system and the Torrens system of land registration that was implemented in Malaysia.
- A discussion of concepts relevant to land law like ownership, title, interests, and dealings.
- An analysis of the applicability of English doctrines of equity relating to land in Malaysia and how this has been interpreted judicially.
- An outline of provisions in statutes like the National Land Code, Civil Law Act, and Specific Relief Act that are important for understanding land law in Malaysia.
Vested property settlement policy in BangladeshNur E Sowrove
This document outlines the Vested Property Act passed in Bangladesh in 2001. Some key points:
- The act reverts some government-owned "vested property" back to their original Bangladeshi owners or successors. Vested property includes property confiscated under previous defense and enemy property acts.
- It establishes tribunals to review claims for properties to be reverted and determine rightful owners. District commissioners are tasked with implementing tribunal decrees.
- The act prohibits new claims for inclusion on the revertible property list after the act's passage and transfer of ownership of revertible properties until reversion is complete.
- It outlines the process for property owners to apply for reversion and appeal
The document discusses the concepts of immediate indefeasibility and deferred indefeasibility under Section 340 of the National Land Code (NLC) of Malaysia. It summarizes several key court cases that have interpreted Section 340 differently, coming to conflicting conclusions on whether it provides for immediate or deferred indefeasibility. The most recent Federal Court case in 2010, Tan Ying Hong v Tan Sian Sang, applied the concept of deferred indefeasibility and declined to follow the earlier 2001 Federal Court decision in Boonsom Boonyanit v Adorna Properties, which had established the precedent of immediate indefeasibility.
This document provides an April 2010 draft of the Anti-Counterfeiting Trade Agreement (ACTA). It includes initial provisions, definitions, and chapters on legal frameworks for intellectual property enforcement. The draft text is still being negotiated between participants and contains bracketed options throughout. Key aspects covered include general obligations of parties, availability of civil and criminal procedures and remedies, provisional measures, special requirements related to border measures, criminal offenses, and international cooperation.
Sectional Properties Act (no. 21 of 1987), Kenya StatuteMūniū Karanja
An Act of Parliament to provide for the division of buildings into units to be owned by individual proprietors and common property to be owned by proprietors of the units as tenants in common and to provide for the use and management of the units and common property and connected purposes
ASSIGNMENT ON – “THE ACQUISITION AND REQUISITION OF IMMOVABLE PROPERTY ORDI...Asian Paint Bangladesh Ltd
The document is the Acquisition and Requisition of Immovable Property Ordinance of 1982 from Pakistan. It establishes procedures for the government to acquire private property for public purposes. Some key points:
- It allows the Deputy Commissioner to publish notices for properties proposed for acquisition. Owners can object within 15 days and the Deputy Commissioner must hear objections.
- For properties over 50 standard bighas, the Divisional Commissioner makes the final decision. For smaller properties, the Deputy Commissioner decides.
- Once acquisition is approved, the Deputy Commissioner issues notices, determines compensation, and apportions it among interested parties. Compensation considers the property value and any damages from losing the land.
The sale and purchase agreement between Johan and Nabil is null and void as a temporary occupation license cannot be transferred. The land office can terminate the license due to breach of conditions without compensation. Johan cannot claim compensation from the land office for the house built on the land.
Kerajaan Negeri Selangor v Sagong Tasi & Ors [2005] 6 MLJ 289surrenderyourthrone
The Court of Appeal dismissed the defendants' appeal in a case involving the acquisition of indigenous lands by the Selangor state government. The key holdings were:
1) The plaintiffs, as members of the Temuan tribe, held customary communal title over the lands in question based on their traditional occupation and use. This was a question of fact supported by evidence.
2) The Aborigines Peoples Act 1954, which aims to protect indigenous rights, must be interpreted broadly in favor of indigenous peoples. It recognizes the plaintiffs' customary communal title.
3) The acquisition of the lands amounted to compulsory acquisition requiring adequate compensation under the Federal Constitution. The relevant section of the 1954 Act must be read to provide
LAND LAW 1 slides registration of dealings 2014xareejx
This document discusses key aspects of the Torrens land registration system in Malaysia. It defines dealings under the system, outlines the types of dealings that can be registered (transfers, leases, charges, easements), and specifies that no title or interest is created until registration. It also describes the process of registering dealings, including using the proper instrument, entering details in the presentation book, and making a memorial on the register document of title. Finally, it discusses when the registrar can register or reject instruments and make corrections to titles.
Kemala has two options under the National Land Code to gain access to her land - an easement or a Land Administrator's Right of Way (LAROW). An easement requires the consent of the neighboring landowner while a LAROW can be imposed by the Land Administrator if no alternative route exists. However, the Land Administrator is typically reluctant to grant a LAROW if another option is available. Kemala must decide whether paying her neighbor is preferable to an uncertain LAROW application.
A Land Acquisition and Licensing For Property Development In IndonesiaLeks&Co
This document provides an overview of land rights and land registration in Indonesia. It discusses the main types of land rights including ownership rights, cultivation rights, building rights, use rights, and management rights. It also describes land registration objects and the land registration system. The legal basis for land rights and registration are the Basic Agrarian Law and related government regulations on cultivation rights, building rights, use rights, and land registration.
This document discusses various types of dealings and registration requirements under Malaysian land law. It explains that transfers, leases, charges, and easements are considered dealings, but only transfers, leases, charges, and some easements must be registered. It provides details on what constitutes interests in land, as well as the registration process and effects of registering transfers, leases, charges, and tenancies. Specifically, it notes that registration is required for transfers and leases to take legal effect, while unregistered leases and contracts are still valid. The document also discusses requirements for endorsing tenancies on land titles.
The document outlines rules related to apartment ownership and maintenance in Uttar Pradesh, India. It defines key terms and outlines forms and processes. Form A is a declaration form that promoters must submit with details of the property like ownership, building plans, apartments, common areas, and ownership shares. Undertakings must also be submitted by new apartment owners to comply with covenants. The rules establish procedures for amendments to declarations and permissions for legal complaints regarding violations.
This document is the Maharashtra Apartment Ownership Act of 1970 which provides for the ownership of individual apartments in buildings and makes such apartments heritable and transferable property under law. It defines key terms related to apartments and common areas. It establishes that each apartment constitutes immovable property that can be legally transferred similar to other real estate. It also covers ownership of apartments and undivided interests in common areas, management by an Association of Apartment Owners, and compliance with bye-laws and administrative rules.
Apartment Management: The Tamil Nadu Apartment Ownership Act, 1994ADDA
The Tamil Nadu Apartment Ownership Act, 1994
ApartmentADDA is India's #1 Apartment Management and Apartment Accounting Software. All the best practices of State Bye-Laws are inbuilt in the product.
This document discusses the procedure for acquiring state land under the National Land Code (NLC) of Malaysia. It summarizes a court case where an applicant paid the land revenue amount 8 months after the specified deadline in the notice. A third party challenged the alienation, arguing the approval had lapsed. However, the court held that the state authority accepting late payment implied a fresh approval. The decision showed that paying land revenue within the deadline is not mandatory under NLC, and the registration of title is the primary consideration in establishing ownership of the land.
The Torrens system of land title registration was introduced in Queensland to address problems with the previous voluntary deeds registration system, including complicated title searches and uncertainty of ownership. It established a system of compulsory, state-guaranteed land title registration governed by the Land Title Act 1994 (Qld). Key elements of the Torrens system include the land title register, which provides indefeasible and guaranteed title, and compulsory registration of interests and instruments to provide certainty. Compensation may be paid under the Act if a person is deprived of an interest in land or suffers loss or damage due to error or omission on the register.
This document provides an introduction to international law. It discusses how international law differs from national law in that there is no world legislature, executive, or judiciary. It outlines the sources of international law, including treaties, customs, general principles, and judicial decisions. It also describes the process by which treaties are adopted, signed, and ratified, and how this binds states under international law. The obligations of states in relation to treaties they have signed but not yet ratified are also discussed.
Model Bye-Laws for Uttar Pradesh Apartment Owners AssocationsApnaComplex
The document outlines model bye-laws for condominium associations in Uttar Pradesh, India. It details rules for membership, voting procedures, administration of the association, election of a board of management, and obligations of apartment owners. Key points include establishing a board of 4-10 members including a president, vice president, secretary and treasurer to govern the association and collect monthly assessments from owners for maintenance of common areas.
This document provides an overview of the Karnataka Apartment Ownership Act of 1972, which aims to allow individual ownership of apartments. Some key points:
- It defines apartments as individually owned units with direct access to public spaces or common areas. Owners have exclusive ownership of their apartment but also joint ownership of common spaces.
- It establishes apartments as heritable and transferable property. Owners must register declarations of ownership and deeds.
- It provides for maintenance of common areas by owners and establishes that owners are bound by building bye-laws and to contribute to common expenses.
- It allows for removal of property from the provisions of the Act and resubmission in the future.
FindLaw | YouTube Copyright Infringement Case OpinionLegalDocs
This document is an opinion from a United States District Court case regarding statutory damages for copyright infringement. The court ruled that plaintiffs cannot recover statutory damages for foreign works that were not registered with the U.S. Copyright Office, as required by Section 412 of the Copyright Act. The court rejected plaintiffs' arguments that foreign works should be exempt from registration requirements, finding no evidence that Section 412 violates any international treaties.
The presentation deals with different aspects of easements comprising definition, essential elements, classification, modes of acquisition, grant, prescription, customary easement, operation of law, etc.
Customary and granted land right of occupancy by datius didaceMzumbe University
This document summarizes land law concepts related to customary and granted land rights of occupancy in Tanzania. It discusses types of granted rights of occupancy including long-term, short-term, and periodic rights. It also outlines the application process for a granted right of occupancy, conditions placed on rights of occupancy, how the term is determined, allowances for change of use, rules around disposition of occupancy rights, and powers of local governments to grant residential licenses.
This document is a position paper from the Mauritius Labour Party analyzing proposed amendments to Mauritius' Constitution and laws regarding asset recovery and integrity reporting. It provides background on Mauritius' constitutional history and independence. It then analyzes the specific proposed amendment to Section 8 of the Constitution, which protects against deprivation of property, noting this amendment would allow for confiscation of disproportionate assets. However, the paper argues such an amendment has significant legal consequences and must follow the strict amendment process in Section 47 of the Constitution to be valid. It also analyzes relevant case law regarding separation of powers. In conclusion, the paper cautions that any constitutional amendment requires fully considering implications for fundamental rights and the Constitution's framework.
This document is a position paper from the Mauritius Labour Party analyzing proposed constitutional amendments and bills related to governance and anti-corruption efforts. It provides background on Mauritius' constitutional history and independence. It then analyzes in detail a proposed amendment to Section 8 of the Constitution regarding the protection of property from deprivation. The amendment would allow for the compulsory acquisition of property to be supported by three-quarters of the Assembly in order to not be questioned in court. The position paper examines the existing Section 8 protections and implications of the proposed changes.
The document summarizes key concepts in Philippine real estate law, including:
- Ownership rights include the right to possess, use, enjoy fruits, dispose of, and recover property. Limitations include those imposed by law, contract, taxation, and eminent domain.
- Land ownership extends to the subsurface and airspace. Hidden treasures found on one's land belong to the land owner, with exceptions if found on another's land.
- Ownership rights include rights of accession to property's produce and improvements. Generally, only Filipino citizens and corporations may acquire land, with some exceptions.
The document provides an overview of the Transfer of Property Act of 1882 in India. Some key points:
- It establishes rules for the transfer of property by parties through acts like conveyance or will.
- It defines what types of property interests can be transferred, such as land but not chances or mere rights. It also specifies those competent to transfer property.
- Upon transfer, all interests in the property pass to the transferee along with legal incidents, unless a different intention is indicated.
- The Act establishes rules around conditions on transfers, interests in property, accumulation of income, and perpetuities.
Land titling bill 2010 -james Joseph Adhikarathil, Solve your land problems in Kerala - we provide Legal support, assistance and monitoring of your complaints in Bhoomi tharam mattom, nilam , purayidom , thottam ,michabhoomi issues, pattayam , thandapper , pokkuvaravu , land tax , building tax , digital survey , resurvey ,klc , puramboke , pathway disputes, fair value , data bank , issues . James Joseph Adhikarathil , Former Deputy collector Alappuzha 9447464502. Service available all over Kerala
LAND LAW 1 slides registration of dealings 2014xareejx
This document discusses key aspects of the Torrens land registration system in Malaysia. It defines dealings under the system, outlines the types of dealings that can be registered (transfers, leases, charges, easements), and specifies that no title or interest is created until registration. It also describes the process of registering dealings, including using the proper instrument, entering details in the presentation book, and making a memorial on the register document of title. Finally, it discusses when the registrar can register or reject instruments and make corrections to titles.
Kemala has two options under the National Land Code to gain access to her land - an easement or a Land Administrator's Right of Way (LAROW). An easement requires the consent of the neighboring landowner while a LAROW can be imposed by the Land Administrator if no alternative route exists. However, the Land Administrator is typically reluctant to grant a LAROW if another option is available. Kemala must decide whether paying her neighbor is preferable to an uncertain LAROW application.
A Land Acquisition and Licensing For Property Development In IndonesiaLeks&Co
This document provides an overview of land rights and land registration in Indonesia. It discusses the main types of land rights including ownership rights, cultivation rights, building rights, use rights, and management rights. It also describes land registration objects and the land registration system. The legal basis for land rights and registration are the Basic Agrarian Law and related government regulations on cultivation rights, building rights, use rights, and land registration.
This document discusses various types of dealings and registration requirements under Malaysian land law. It explains that transfers, leases, charges, and easements are considered dealings, but only transfers, leases, charges, and some easements must be registered. It provides details on what constitutes interests in land, as well as the registration process and effects of registering transfers, leases, charges, and tenancies. Specifically, it notes that registration is required for transfers and leases to take legal effect, while unregistered leases and contracts are still valid. The document also discusses requirements for endorsing tenancies on land titles.
The document outlines rules related to apartment ownership and maintenance in Uttar Pradesh, India. It defines key terms and outlines forms and processes. Form A is a declaration form that promoters must submit with details of the property like ownership, building plans, apartments, common areas, and ownership shares. Undertakings must also be submitted by new apartment owners to comply with covenants. The rules establish procedures for amendments to declarations and permissions for legal complaints regarding violations.
This document is the Maharashtra Apartment Ownership Act of 1970 which provides for the ownership of individual apartments in buildings and makes such apartments heritable and transferable property under law. It defines key terms related to apartments and common areas. It establishes that each apartment constitutes immovable property that can be legally transferred similar to other real estate. It also covers ownership of apartments and undivided interests in common areas, management by an Association of Apartment Owners, and compliance with bye-laws and administrative rules.
Apartment Management: The Tamil Nadu Apartment Ownership Act, 1994ADDA
The Tamil Nadu Apartment Ownership Act, 1994
ApartmentADDA is India's #1 Apartment Management and Apartment Accounting Software. All the best practices of State Bye-Laws are inbuilt in the product.
This document discusses the procedure for acquiring state land under the National Land Code (NLC) of Malaysia. It summarizes a court case where an applicant paid the land revenue amount 8 months after the specified deadline in the notice. A third party challenged the alienation, arguing the approval had lapsed. However, the court held that the state authority accepting late payment implied a fresh approval. The decision showed that paying land revenue within the deadline is not mandatory under NLC, and the registration of title is the primary consideration in establishing ownership of the land.
The Torrens system of land title registration was introduced in Queensland to address problems with the previous voluntary deeds registration system, including complicated title searches and uncertainty of ownership. It established a system of compulsory, state-guaranteed land title registration governed by the Land Title Act 1994 (Qld). Key elements of the Torrens system include the land title register, which provides indefeasible and guaranteed title, and compulsory registration of interests and instruments to provide certainty. Compensation may be paid under the Act if a person is deprived of an interest in land or suffers loss or damage due to error or omission on the register.
This document provides an introduction to international law. It discusses how international law differs from national law in that there is no world legislature, executive, or judiciary. It outlines the sources of international law, including treaties, customs, general principles, and judicial decisions. It also describes the process by which treaties are adopted, signed, and ratified, and how this binds states under international law. The obligations of states in relation to treaties they have signed but not yet ratified are also discussed.
Model Bye-Laws for Uttar Pradesh Apartment Owners AssocationsApnaComplex
The document outlines model bye-laws for condominium associations in Uttar Pradesh, India. It details rules for membership, voting procedures, administration of the association, election of a board of management, and obligations of apartment owners. Key points include establishing a board of 4-10 members including a president, vice president, secretary and treasurer to govern the association and collect monthly assessments from owners for maintenance of common areas.
This document provides an overview of the Karnataka Apartment Ownership Act of 1972, which aims to allow individual ownership of apartments. Some key points:
- It defines apartments as individually owned units with direct access to public spaces or common areas. Owners have exclusive ownership of their apartment but also joint ownership of common spaces.
- It establishes apartments as heritable and transferable property. Owners must register declarations of ownership and deeds.
- It provides for maintenance of common areas by owners and establishes that owners are bound by building bye-laws and to contribute to common expenses.
- It allows for removal of property from the provisions of the Act and resubmission in the future.
FindLaw | YouTube Copyright Infringement Case OpinionLegalDocs
This document is an opinion from a United States District Court case regarding statutory damages for copyright infringement. The court ruled that plaintiffs cannot recover statutory damages for foreign works that were not registered with the U.S. Copyright Office, as required by Section 412 of the Copyright Act. The court rejected plaintiffs' arguments that foreign works should be exempt from registration requirements, finding no evidence that Section 412 violates any international treaties.
The presentation deals with different aspects of easements comprising definition, essential elements, classification, modes of acquisition, grant, prescription, customary easement, operation of law, etc.
Customary and granted land right of occupancy by datius didaceMzumbe University
This document summarizes land law concepts related to customary and granted land rights of occupancy in Tanzania. It discusses types of granted rights of occupancy including long-term, short-term, and periodic rights. It also outlines the application process for a granted right of occupancy, conditions placed on rights of occupancy, how the term is determined, allowances for change of use, rules around disposition of occupancy rights, and powers of local governments to grant residential licenses.
This document is a position paper from the Mauritius Labour Party analyzing proposed amendments to Mauritius' Constitution and laws regarding asset recovery and integrity reporting. It provides background on Mauritius' constitutional history and independence. It then analyzes the specific proposed amendment to Section 8 of the Constitution, which protects against deprivation of property, noting this amendment would allow for confiscation of disproportionate assets. However, the paper argues such an amendment has significant legal consequences and must follow the strict amendment process in Section 47 of the Constitution to be valid. It also analyzes relevant case law regarding separation of powers. In conclusion, the paper cautions that any constitutional amendment requires fully considering implications for fundamental rights and the Constitution's framework.
This document is a position paper from the Mauritius Labour Party analyzing proposed constitutional amendments and bills related to governance and anti-corruption efforts. It provides background on Mauritius' constitutional history and independence. It then analyzes in detail a proposed amendment to Section 8 of the Constitution regarding the protection of property from deprivation. The amendment would allow for the compulsory acquisition of property to be supported by three-quarters of the Assembly in order to not be questioned in court. The position paper examines the existing Section 8 protections and implications of the proposed changes.
The document summarizes key concepts in Philippine real estate law, including:
- Ownership rights include the right to possess, use, enjoy fruits, dispose of, and recover property. Limitations include those imposed by law, contract, taxation, and eminent domain.
- Land ownership extends to the subsurface and airspace. Hidden treasures found on one's land belong to the land owner, with exceptions if found on another's land.
- Ownership rights include rights of accession to property's produce and improvements. Generally, only Filipino citizens and corporations may acquire land, with some exceptions.
The document provides an overview of the Transfer of Property Act of 1882 in India. Some key points:
- It establishes rules for the transfer of property by parties through acts like conveyance or will.
- It defines what types of property interests can be transferred, such as land but not chances or mere rights. It also specifies those competent to transfer property.
- Upon transfer, all interests in the property pass to the transferee along with legal incidents, unless a different intention is indicated.
- The Act establishes rules around conditions on transfers, interests in property, accumulation of income, and perpetuities.
Land titling bill 2010 -james Joseph Adhikarathil, Solve your land problems in Kerala - we provide Legal support, assistance and monitoring of your complaints in Bhoomi tharam mattom, nilam , purayidom , thottam ,michabhoomi issues, pattayam , thandapper , pokkuvaravu , land tax , building tax , digital survey , resurvey ,klc , puramboke , pathway disputes, fair value , data bank , issues . James Joseph Adhikarathil , Former Deputy collector Alappuzha 9447464502. Service available all over Kerala
The document summarizes the Land Acquisition Act of 1894 in India. Key points:
1) The Act allows the government to acquire private land for public purposes like infrastructure projects and provides compensation to landowners. It sets up procedures for notification of acquisitions, objections from landowners, surveys, hearings and awards.
2) When the government decides land is needed for a public purpose, it issues a preliminary notification and officers can enter land to survey it. Landowners can object within 30 days.
3) If objections are overruled, a final declaration is made. The Collector then demarcates the land, notifies landowners, and makes an inquiry to determine compensation awards.
4)
This document summarizes key concepts from the Philippine Constitution and related case law. It discusses the three inherent powers of the state (taxation, police power, eminent domain), the doctrine of state immunity from suit, basic human rights, the bill of rights in the 1987 Constitution, elements of a nation, key constitutional concepts like archipelagic doctrine and self-executory/non-executory provisions, and summaries of several Supreme Court cases dealing with issues like income taxation, presidential powers, and separation of church and state.
The document provides an overview of the eminent domain process under Utah law. It discusses:
1) The history of eminent domain law dating back to the Magna Carta and how it is established in the US Constitution and Utah Constitution to allow the taking of private property for public use with just compensation.
2) The requirements for "public use" and "necessity" to legally take property through eminent domain.
3) The pre-litigation steps that must be taken, including reasonable negotiations with property owners and disclosure of their rights.
4) The process for filing an eminent domain lawsuit, obtaining immediate occupancy of the property, determining just compensation at trial, and entering a final judgment.
The document is a plea agreement between the United States government and Ali Saleh Kahlah al-Marri, who is pleading guilty to one count of conspiracy to provide material support to al Qaeda. Key points of the agreement include that al-Marri will plead guilty to conspiring to provide personnel (including himself) to al Qaeda, knowing it was a designated terrorist organization. The potential penalties he faces are up to 15 years in prison, a $250,000 fine, and life of supervised release. He agrees to waive his right to appeal his conviction but reserves the right to appeal his sentence.
Popat and kotecha_property_vs_state_bank_of_india_staff_..._on_29_august,_2005chithra venkatesan
This document is a Supreme Court of India case summary from 2005 regarding a property dispute between Popat and Kotecha Property and the State Bank of India Staff Association. The key details are:
1) Popat and Kotecha Property built a property for the State Bank of India Staff Association in 1983 per an agreement. The agreement stated Popat would receive a lease for certain floors once construction was complete.
2) Construction finished in 1984 but the lease was never executed. Popat sued in 1990 seeking execution of the lease or damages.
3) The trial court dismissed a motion to reject the suit as barred by limitation period but the High Court overturned this, finding the suit was outside the limitation period.
This motion seeks leave to file an amicus curiae brief in support of the plaintiffs-appellees in an appeal regarding damages for the injury of a pet. The motion argues that a statutory cap on damages for injury to a pet cannot limit the plaintiffs' constitutional right to full compensation for damages. It contends the cap was not intended to apply to actions by government entities and applying it retroactively would deprive the plaintiffs of vested rights. The motion asks the court to affirm the lower court ruling awarding damages exceeding the statutory cap.
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
West Virginia Senate Bill (SB) 508, introduced in February 2016. The bill prevents anti-drillers from filing frivilous claims of "nuisance" against drillers, aggregating those claims into a class action lawsuit, and attempting to kill a legitimate company via "death by a thousand cuts."
This document summarizes key provisions of Republic Act No 5092, also known as the Geothermal Energy, Natural Gas and Methane Gas Law, which promotes and regulates the exploration, development, exploitation and utilization of geothermal energy, natural gas and methane gas in the Philippines. The law establishes that geothermal and gas resources belong to the state. It outlines the process for obtaining permits and leases to explore and develop these resources, including technical and financial qualifications, minimum exploration work obligations, and terms of permits and leases. The law also addresses rights of access to private and public lands.
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
The document summarizes five key facts about the recovery of US shale oil production:
1) Rig counts have increased by 90% since bottoming out in May 2016 and are up 30% year-over-year, signaling increased drilling and production capacity.
2) While decline rates remain steep, production profiles have increased substantially due to technological advances, meaning aggregate supply will be stronger.
3) Preliminary data shows that net new shale supply turned positive in December 2016 for the first time since March 2015, recovering just 7 months after rig counts increased.
4) Increased drilling activity is supported by a large stock of drilled but uncompleted wells, demonstrating the recovery and expansion of the shale sector.
5)
Quarterly legislative action update: Marcellus and Utica shale region (4Q16)Marcellus Drilling News
A quarterly update from the legal beagles at global law firm Norton Rose Fulbright. A quarterly legislative action update for the second quarter of 2016 looking at previously laws acted upon, and new laws introduced, affecting the oil and gas industry in Pennsylvania, Ohio and West Virginia.
An update from Spectra Energy on their proposed $3 billion project to connect four existing pipeline systems to flow more Marcellus/Utica gas to New England. In short, Spectra has put the project on pause until mid-2017 while it attempts to get new customers signed.
A letter from Rover Pipeline to the Federal Energy Regulatory Commission requesting the agency issue the final certificate that will allow Rover to begin tree-clearing and construction of the 511-mile pipeline through Pennsylvania, West Virginia, Ohio and Michigan. If the certificate is delayed beyond the end of 2016, it will delay the project an extra year due to tree-clearing restrictions (to accommodate federally-protected bats).
DOE Order Granting Elba Island LNG Right to Export to Non-FTA CountriesMarcellus Drilling News
An order issued by the U.S. Dept. of Energy that allows the Elba Island LNG export facility to export LNG to countries with no free trade agreement with the U.S. Countries like Japan and India have no FTA with our country (i.e. friendly countries)--so this is good news indeed. Although the facility would have operated by sending LNG to FTA countries, this order opens the market much wider.
A study released in December 2016 by the London School of Economics, titled "On the Comparative Advantage of U.S. Manufacturing: Evidence from the Shale Gas Revolution." While America has enough shale gas to export plenty of it, exporting it is not as economic as exporting oil due to the elaborate processes to liquefy and regassify natural gas--therefore a lot of the gas stays right here at home, making the U.S. one of (if not the) cheapest places on the planet to establish manufacturing plants, especially for manufacturers that use natural gas and NGLs (natural gas liquids). Therefore, manufacturing, especially in the petrochemical sector, is ramping back up in the U.S. For every two jobs created by fracking, another one job is created in the manufacturing sector.
Letter From 24 States Asking Trump & Congress to Withdraw the Unlawful Clean ...Marcellus Drilling News
A letter from the attorneys general from 24 of the states opposed to the Obama Clean Power Plan to President-Elect Trump, RINO Senate Majority Leader Mitch McConnel and RINO House Speaker Paul Ryan. The letter asks Trump to dump the CPP on Day One when he takes office, and asks Congress to adopt legislation to prevent the EPA from such an egregious overreach ever again.
Report: New U.S. Power Costs: by County, with Environmental ExternalitiesMarcellus Drilling News
Natural gas and wind are the lowest-cost technology options for new electricity generation across much of the U.S. when cost, public health impacts and environmental effects are considered. So says this new research paper released by The University of Texas at Austin. Researchers assessed multiple generation technologies including coal, natural gas, solar, wind and nuclear. Their findings are depicted in a series of maps illustrating the cost of each generation technology on a county-by-county basis throughout the U.S.
Annual report issued by the U.S. Energy Information Administration showing oil and natural gas proved reserves, in this case for 2015. These reports are issued almost a year after the period for which they report. This report shows proved reserves for natural gas dropped by 64.5 trillion cubic feet (Tcf), or 16.6%. U.S. crude oil and lease condensate proved reserves also decreased--from 39.9 billion barrels to 35.2 billion barrels (down 11.8%) in 2015. Proved reserves are calculated on a number of factors, including price.
The document is a report from the U.S. Energy Information Administration analyzing oil and gas production from seven regions in the U.S. It includes charts and tables showing historical and projected production levels of oil and gas from each region from 2008 to 2017, as well as metrics like the average production per rig. The regions - Bakken, Eagle Ford, Haynesville, Marcellus, Niobrara, Permian, and Utica - accounted for 92% of domestic oil production growth and all domestic natural gas production growth from 2011-2014.
Velocys is the manufacturer of gas-to-liquids (GTL) plants that convert natural gas (a hyrdocarbon) into other hydrocarbons, like diesel fuel, gasoline, and even waxes. This PowerPoint presentation lays out the Velocys plan to get the company growing. GTL plants have not (so far) taken off in the U.S. Velocys hopes to change that. They specialize in small GTL plants.
PA DEP Revised Permit for Natural Gas Compression Stations, Processing Plants...Marcellus Drilling News
In January 2016, Gov. Wolf announced the DEP would revise its current general permit (GP-5) to update the permitting requirements for sources at natural gas compression, processing, and transmission facilities. This is the revised GP-5.
PA DEP Permit for Unconventional NatGas Well Site Operations and Remote Piggi...Marcellus Drilling News
In January 2016, PA Gov. Wolf announced the Dept. of Environmental Protection would develop a general permit for sources at new or modified unconventional well sites and remote pigging stations (GP-5A). This is the proposed permit.
Onerous new regulations for the Pennsylvania Marcellus Shale industry proposed by the state Dept. of Environmental Protection. The new regs will, according to the DEP, help PA reduce so-called fugitive methane emissions and some types of air pollution (VOCs). This is liberal Gov. Tom Wolf's way of addressing mythical man-made global warming.
The monthly Short-Term Energy Outlook (STEO) from the U.S. Energy Information Administration for December 2016. This issue makes a couple of key points re natural gas: (1) EIA predicts that natural gas production in the U.S. for 2016 will see a healthy decline over 2015 levels--1.3 billion cubic feet per day (Bcf/d) less in 2016. That's the first annual production decline since 2005! (2) The EIA predicts the average price for natural gas at the benchmark Henry Hub will climb from $2.49/Mcf (thousand cubic feet) in 2016 to a whopping $3.27/Mcf in 2017. Why the jump? Growing domestic natural gas consumption, along with higher pipeline exports to Mexico and liquefied natural gas exports.
This document provides an overview of the natural gas market in the Northeast United States, including New England, New York, New Jersey, and Pennsylvania. It details statistics on gas customers, consumption, infrastructure like pipelines and storage, and production. A key point is that the development of the Marcellus Shale in Pennsylvania has significantly increased domestic gas production in the region and reduced its reliance on other supply basins and imports.
The Pennsylvania Public Utility Commission responded to each point raised in a draft copy of the PA Auditor General's audit of how Act 13 impact fee money, raised from Marcellus Shale drillers, gets spent by local municipalities. The PUC says it's not their job to monitor how the money gets spent, only in how much is raised and distributed.
Pennsylvania Public Utility Commission Act 13/Impact Fees Audit by PA Auditor...Marcellus Drilling News
A biased look at how 60% of impact fees raised from PA's shale drilling are spent, by the anti-drilling PA Auditor General. He chose to ignore an audit of 40% of the impact fees, which go to Harrisburg and disappear into the black hole of Harrisburg spending. The Auditor General claims, without basis in fact, that up to 24% of the funds are spent on items not allowed under the Act 13 law.
The final report from the Pennsylvania Dept. of Environmental Protection that finds, after several years of testing, no elevated levels of radiation from acid mine drainage coming from the Clyde Mine, flowing into Ten Mile Creek. Radical anti-drillers tried to smear the Marcellus industry with false claims of illegal wastewater dumping into the mine, with further claims of elevated radiation levels in the creek. After years of testing, the DEP found those allegations to be false.
FERC Order Denying Stay of Kinder Morgan's Broad Run Expansion ProjectMarcellus Drilling News
The Federal Energy Regulatory Commission denied a request to stay the authorization of Tennessee Gas Pipeline Company's Broad Run Expansion Project. The Commission found that the intervenors requesting the stay did not demonstrate they would suffer irreparable harm if the project proceeded. Specifically, the Commission determined that the environmental impacts to forest and a nearby animal rehabilitation center would be insignificant. Additionally, conditioning authorization on future permits did not improperly encroach on state authority. Therefore, justice did not require granting a stay.
Acolyte Episodes review (TV series) The Acolyte. Learn about the influence of the program on the Star Wars world, as well as new characters and story twists.
Here is Gabe Whitley's response to my defamation lawsuit for him calling me a rapist and perjurer in court documents.
You have to read it to believe it, but after you read it, you won't believe it. And I included eight examples of defamatory statements/
El Puerto de Algeciras continúa un año más como el más eficiente del continente europeo y vuelve a situarse en el “top ten” mundial, según el informe The Container Port Performance Index 2023 (CPPI), elaborado por el Banco Mundial y la consultora S&P Global.
El informe CPPI utiliza dos enfoques metodológicos diferentes para calcular la clasificación del índice: uno administrativo o técnico y otro estadístico, basado en análisis factorial (FA). Según los autores, esta dualidad pretende asegurar una clasificación que refleje con precisión el rendimiento real del puerto, a la vez que sea estadísticamente sólida. En esta edición del informe CPPI 2023, se han empleado los mismos enfoques metodológicos y se ha aplicado un método de agregación de clasificaciones para combinar los resultados de ambos enfoques y obtener una clasificación agregada.
An astonishing, first-of-its-kind, report by the NYT assessing damage in Ukraine. Even if the war ends tomorrow, in many places there will be nothing to go back to.
Essential Tools for Modern PR Business .pptxPragencyuk
Discover the essential tools and strategies for modern PR business success. Learn how to craft compelling news releases, leverage press release sites and news wires, stay updated with PR news, and integrate effective PR practices to enhance your brand's visibility and credibility. Elevate your PR efforts with our comprehensive guide.
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.....................................................................
(Original Signature of Member)
114TH CONGRESS
1ST SESSION H. R. _____
To establish a uniform and more efficient Federal process for protecting property
owners' rights guaranteed by the fifth amendment.
_____________________________________
IN THE HOUSE OF REPRESENTATIVES
Mr. REED introduced the following bill; which was referred to the Committee
on_______________________________
_____________________________________
A BILL
To establish a uniform and more efficient Federal process for protecting property
owners' rights guaranteed by the fifth amendment.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Defense of Property Rights Act’.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the private ownership of property is essential to a free society and is
an integral part of the American tradition of liberty and limited
government;
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(2) the framers of the United States Constitution, in order to protect
private property and liberty, devised a framework of Government
designed to diffuse power and limit Government;
(3) to further ensure the protection of private property, the fifth
amendment to the United States Constitution was ratified to prevent the
taking of private property by the Federal Government, except for public
use and with just compensation;
(4) the purpose of the takings clause of the fifth amendment of the
United States Constitution, as the Supreme Court stated in Armstrong v.
United States, 364 U.S. 40, 49 (1960), is `to bar Government from
forcing some people alone to bear public burdens, which in all fairness
and justice, should be borne by the public as a whole';
(5) the agencies, in their efforts to ameliorate public harms and
environmental abuse, have singled out property holders to shoulder the
cost that should be borne by the public, in violation of the just
compensation requirement of the takings clause of the fifth amendment
of the United States Constitution;
(6) there is a need to both restrain the agencies in their overzealous
regulation of the private sector and to protect private property, which is a
fundamental right of the American people;
(7) the incremental, fact-specific approach that courts now are required
to employ in the absence of adequate statutory language to vindicate
property rights under the fifth amendment of the United States
Constitution has been ineffective and costly and there is a need for
Congress to clarify the law and provide an effective remedy;
(8) certain provisions of sections 1346 and 1402 and chapter 91 of title
28, United States Code (commonly known as the Tucker Act), that
delineates the jurisdiction of courts hearing property rights claims,
complicates the ability of a property owner to vindicate a property
owner's right to just compensation for a governmental action that has
caused a physical or regulatory taking;
(9) current law--
(A) forces a property owner to elect between equitable relief in
the district court and monetary relief (the value of the property
taken) in the United States Court of Federal Claims;
(B) is used to urge dismissal in the district court on the ground
that the plaintiff should seek just compensation in the Court of
Federal Claims; and
(C) is used to urge dismissal in the Court of Federal Claims on the
ground that plaintiff should seek equitable relief in district court;
(10) property owners cannot fully vindicate property rights in one court;
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(11) property owners should be able to fully recover for a taking of their
private property in one court;
(12) certain provisions of section 1346 and 1402 and chapter 91 of title
28, United States Code (commonly known as the Tucker Act) should be
amended, giving both the district courts of the United States and the
Court of Federal Claims jurisdiction to hear all claims relating to
property rights; and
(13) section 1500 of title 28, United States Code, which denies the Court
of Federal Claims jurisdiction to entertain a suit which is pending in
another court and made by the same plaintiff, should be repealed.
SEC. 3. PURPOSE.
The purpose of this Act is to--
(1) encourage, support, and promote the private ownership of property
by ensuring the constitutional and legal protection of private property by
the United States Government;
(2) establish a clear, uniform, and efficient judicial process whereby
aggrieved property owners can obtain vindication of property rights
guaranteed by the fifth amendment to the United States Constitution and
this Act;
(3) amend certain provisions of the Tucker Act, including the repeal of
section 1500 of title 28, United States Code;
(4) rectify the constitutional imbalance between the Federal Government
and the States; and
(5) require the Federal Government and States to compensate property
owners for the deprivation of property rights.
SEC. 4. DEFINITIONS.
For purposes of this Act the term--
(1) `agency' means a department, agency, independent agency, or
instrumentality of the United States or an individual State, including any
military department, Government corporation, Government-controlled
corporation, or other establishment in the executive branch of the United
States Government or an individual State;
(2) `agency action' means any action or decision taken, permanently or
temporarily, by an agency that--
(A) takes a property right; or
(B) unreasonably impedes the use of property or the exercise of
property interests or significantly interferes with investment-
backed expectations;
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(3) `just compensation'--
(A) means compensation equal to the full extent of a property
owner's loss, including the fair market value of the private
property taken and business losses arising from a taking, whether
the taking is by physical occupation or through regulation,
exaction, or other means; and
(B) shall include compounded interest calculated from the date of
the taking until the date the agency tenders payment;
(4) `owner' means the owner or possessor of property or rights in
property at the time the taking occurs, including when--
(A) the statute, regulation, rule, order, guideline, policy, or action
is passed or promulgated; or
(B) the permit, license, authorization, or governmental permission
is denied or suspended;
(5) `private property' or `property' means all property protected under the
fifth amendment to the Constitution of the United States, any applicable
Federal or State law, or this Act, and includes--
(A) real property, whether vested or unvested, including--
(i) estates in fee, life estates, estates for years, or otherwise;
(ii) inchoate interests in real property such as remainders
and future interests;
(iii) personalty that is affixed to or appurtenant to real
property;
(iv) easements;
(v) leaseholds;
(vi) recorded liens; and
(vii) contracts or other security interests in, or related to,
real property;
(B) the right to use water or the right to receive water, including
any recorded lines on such water right;
(C) rents, issues, and profits of land, including minerals, timber,
fodder, crops, oil and gas, coal, or geothermal energy;
(D) property rights provided by, or memorialized in, a contract,
except that such rights shall not be construed under this title to
prevent the United States from prohibiting the formation of
contracts deemed to harm the public welfare or to prevent the
execution of contracts for--
(i) national security reasons; or
(ii) exigencies that present immediate or reasonably
foreseeable threats or injuries to life or property;
(E) any interest defined as property under State law; or
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(F) any interest understood to be property based on custom, usage,
common law, or mutually reinforcing understandings sufficiently
well-grounded in law to back a claim of interest; and
(6) `taking of private property'--
(A) means any action whereby private property is directly taken in
part or in whole as to require compensation under the fifth
amendment to the United States Constitution or under this Act,
including by physical invasion, regulation, exaction, condition, or
other means; and
(B) shall not include--
(i) a condemnation action filed by the United States in an
applicable court; or
(ii) an action filed by the United States relating to criminal
forfeiture.
SEC. 5. COMPENSATION FOR TAKEN PROPERTY.
(a) IN GENERAL- No agency, shall take private property in part or in whole
except for public purpose and with just compensation to the property owner. A
property owner shall receive just compensation if--
(1) as a consequence of a decision of any agency private property (in
part or in whole) has been physically invaded or taken without the
consent of the owner; and
(2)(A) such action does not substantially advance the stated
governmental interest to be achieved by the legislation or regulation on
which the action is based;
(B) such action exacts the owner's constitutional or otherwise lawful
right to use the property or a portion of such property as a condition for
the granting of a permit, license, variance, or any other agency action
without a rough proportionality between the stated need for the required
dedication and the impact of the proposed use of the property;
(C) such action results in the property owner being deprived, either
temporarily or permanently, of all or substantially all economically
beneficial or productive use of the property or that part of the property
affected by the action without a showing that such deprivation inheres in
the title itself;
(D) such action diminishes the fair market value of the property which is
the subject of the action by the lesser of--
(i) 20 percent or more with respect to the value immediately prior
to the governmental action; or
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(ii) $20,000, or more with respect to the value immediately prior
to the governmental action; or
(E) under any other circumstance where a taking has occurred within the
meaning of the fifth amendment of the United States Constitution.
(b) BURDEN OF PROOF- (1) The agency shall bear the burden of proof in any
action described under--
(A) subsection (a)(2)(A), with regard to showing the nexus between the
stated governmental purpose of the governmental interest and the impact
on the proposed use of private property;
(B) subsection (a)(2)(B), with regard to showing the proportionality
between the exaction and the impact of the proposed use of the property;
and
(C) subsection (a)(2)(C), with regard to showing that such deprivation of
value inheres in the title to the property.
(2) The property owner shall have the burden of proof in any action described
under subsection (a)(2)(D), with regard to establishing the diminution of value
of property.
SEC. 6. JURISDICTION AND JUDICIAL REVIEW.
(a) IN GENERAL- A property owner may file a civil action under this Act to
challenge the validity of any agency action that adversely affects the owner's
interest in private property in either the United States District Court or the
United States Court of Federal Claims. This section constitutes express waiver
of the sovereign immunity of the United States. Notwithstanding any other
provision of law and notwithstanding the issues involved, the relief sought, or
the amount in controversy, each court shall have concurrent jurisdiction over
both claims for monetary relief and claims seeking invalidation of any Act of
Congress or any agency action defined under this Act affecting private property
rights. The plaintiff shall have the election of the court in which to file a claim
for relief.
(b) STANDING- Persons adversely affected by an agency action taken under
this Act shall have standing to challenge and seek judicial review of that action.
(c) AMENDMENTS TO TITLE 28, UNITED STATES CODE- (1) Section
1491(a) of title 28, United States Code, is amended--
(A) in paragraph (1) by amending the first sentence to read as follows:
`The United States Court of Federal Claims shall have jurisdiction to
render judgment upon any claim against an agency for monetary relief
founded either upon the Constitution or any Act of Congress or any
regulation of an executive department, or upon any express or implied
contract with an agency, in cases not sounding in tort, or for invalidation
7. 7
of any Act of Congress or any regulation of an executive department that
adversely affects private property rights in violation of the fifth
amendment of the United States Constitution';
(B) in paragraph (2) by inserting before the first sentence the following:
`In any case within its jurisdiction, the Court of Federal Claims shall
have the power to grant injunctive and declaratory relief when
appropriate.'; and
(C) by adding at the end thereof the following new paragraphs:
`(4) In cases otherwise within its jurisdiction, the Court of Federal
Claims shall also have ancillary jurisdiction, concurrent with the courts
designated in section 1346(b) of this title, to render judgment upon any
related tort claim authorized under section 2674 of this title.
`(5) In proceedings within the jurisdiction of the Court of Federal Claims
which constitute judicial review of agency action (rather than de novo
proceedings), the provisions of section 706 of title 5 shall apply.'.
(2)(A) Section 1500 of title 28, United States Code, is repealed.
(B) The table of sections for chapter 91 of title 28, United States Code, is
amended by striking out the item relating to section 1500.
SEC. 7. STATUTE OF LIMITATIONS.
The statute of limitations for actions brought under this title shall be 6 years
from the date of the taking of property.
SEC. 8. ATTORNEYS' FEES AND COSTS.
The court, in issuing any final order in any action brought under this Act, shall
award costs of litigation (including reasonable attorney and expert witness fees)
to any prevailing plaintiff.
SEC. 9. ALTERNATIVE DISPUTE RESOLUTION.
(a) IN GENERAL- Either party to a dispute over a taking of property as
defined under this Act or litigation commenced under this Act may elect to
resolve the dispute through settlement or arbitration. In the administration of
this section--
(1) such alternative dispute resolution may only be effectuated by the
consent of all parties;
(2) arbitration procedures shall be in accordance with the alternative
dispute resolution procedures established by the American Arbitration
Association; and
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(3) in no event shall arbitration be a condition precedent or an
administrative procedure to be exhausted before the filing of a civil
action under this Act.
(b) REVIEW OF ARBITRATION- Appeal from arbitration decisions shall be
to the United States District Court or the United States Court of Federal Claims
in the manner prescribed by law for the claim under this Act.
SEC. 10. RULES OF CONSTRUCTION.
Nothing in this Act shall be construed to interfere with the authority of any
State to create additional property rights.
SEC. 11. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the application
of such provision or amendment to any person or circumstance is held to be
unconstitutional, the remainder of this Act, the amendments made by this Act,
and the application of the provisions of such to any person or circumstance
shall not be affected thereby.
SEC. 12. EFFECTIVE DATE.
The provisions of this Act shall apply to actions commenced on or after the
date of the enactment of this Act.