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116TH CONGRESS
1ST SESSION
H. R. 440
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.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 10, 2019
Mr. AMASH introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committee on Homeland Secu-
rity, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction of
the committee concerned
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.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Eminent Domain Just
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Compensation Act’’.
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•HR 440 IH
SEC. 2. LIMITATION ON AUTHORITY OF THE SECRETARY OF
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HOMELAND SECURITY TO TAKE PROPERTY
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USING EMINENT DOMAIN.
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Section 103(b) of the Immigration and Nationality
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Act (8 U.S.C. 1103(b)) is amended—
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(1) by striking ‘‘Attorney General’’ each place
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it appears and inserting ‘‘Secretary of Homeland Se-
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curity’’; and
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(2) in paragraph (3), by striking ‘‘the Act of
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August 1, 1888 (Chapter 728; 25 Stat. 357).’’ and
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inserting the following: ‘‘section 3113 of title 40,
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United States Code, except that notwithstanding
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section 3114 of title 40, United States Code, the
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Government may not take any land prior to the
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issuance of a final judgment pursuant to the pro-
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ceedings under section 3113 of such title.’’.
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