Section 1. Short title
This Act may be cited as the Just Compensation Act of 2023.
(a) Constitutional requirement
The Fifth Amendment to the Constitution of the United States guarantees that nor shall private property be taken for public use, without just compensation.
(b) Act requirement
The purpose of this Act is to require that the Federal Government—
(1) demonstrate public use by exercising eminent domain itself and not delegate the power of the Federal Government to any private entity; and
(2) provide just compensation in the form of 150 percent of fair market value for any property over which the Federal Government exercises eminent domain.
Section 3. Definitions
In this Act:
(1) Federal Government
The term Federal Government means—
(A) the President; and
(B) each Executive agency, as defined in section 105 of title 5, United States Code.
(2) Private entity
The term private entity means any non-governmental entity.
(3) Relevant congressional committees
The term relevant congress committees means—
(A) the Committee on the Judiciary of the Senate; and
(B) the Committee on the Judiciary of the House of Representatives.
Section 4. Public use
Notwithstanding any other law, the Federal Government may not delegate the power to exercise eminent domain to any private entity.
Section 5. Just compensation
The Federal Government, in exercising eminent domain, shall provide just compensation of not less than 150 percent of fair market value.
(a) Initial report
Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit a report to the relevant congressional committees describing the implementation of this Act.
(b) Subsequent reports
Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit a report to the relevant congressional committees describing the implementation of this Act, which shall include—
(1) a description of the precise actions, locations, public uses, and compensations provided for every exercise of eminent domain by the Federal Government; and
(2) a summary of the use of eminent domain by States.
Section 7. No additional funds
No additional funds are authorized to be appropriate to carry out this Act.