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116TH CONGRESS
1ST SESSION H. R. 1234
To amend the Homeland Security Act of 2002 to prohibit seizing private
land for a border wall, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2019
Mr. VELA (for himself and Mr. THOMPSON of Mississippi) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and
in addition to the Committee on Homeland Security, 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 con-
cerned
A BILL
To amend the Homeland Security Act of 2002 to prohibit
seizing private land for a border wall, 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 ‘‘Preventing the Taking
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of Americans’ Land to Build Trump’s Wall Act’’.
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•HR 1234 IH
SEC. 2. PROHIBITIONS ON SEIZING PRIVATE LAND FOR A
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BORDER WALL.
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(a) IN GENERAL.—Subtitle H of title VIII of the
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Homeland Security Act of 2002 (6 U.S.C. 451 et seq.)
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is amended by adding at the end the following new section:
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‘‘SEC. 890B. LIMITATION ON SEIZING PRIVATE LAND FOR A
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BORDER WALL SYSTEM.
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‘‘(a) IN
GENERAL.—Notwithstanding subsections
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(b)(1), (b)(2), (c)(1), and (d)(1) of section 3114 of title
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40, United States Code, or any other provision of law,
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until such time as the Secretary submits to Congress a
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certification that each property owner whose property the
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United States Government seeks to condemn or acquire
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for the purpose of constructing or installing additional
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physical barriers or roads between ports of entry along
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the land border with Mexico has received payment that
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each such property owner accepts as just compensation as
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established by judgment at the conclusion of the judicial
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process under section 3113 of such title, the following pro-
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hibitions shall apply with respect to each such property
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owner and the property of such property owner:
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‘‘(1) The Government may not take possession
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of or title to the property of such property owner.
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‘‘(2) The Government may not alter in any way
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the property of such property owner.
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‘‘(b) DEFINITION.—In this section, the term ‘prop-
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erty’ means land, including an estate or interest in land,
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including an easement or right of way in land.’’.
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(b) CLERICAL AMENDMENT.—The table of contents
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in section 1(b) of the Homeland Security Act of 2002 is
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amended by inserting after the item relating to section
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890A the following new item:
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‘‘Sec. 890B. Limitation on seizing private land for a border wall system.’’.
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