A bill that would give property owners.

A bill that would give property owners with land use disputes direct access to federal court has passed the House of Representatives and could be taken up by the Senate this month.

The proposed Private Property Rights Implementation Act, HR 4772 by Rep. Steve Chabot (R-Ohio), would permit property owners to bypass state courts and take claims over local land use regulation directly to federal court. As it now stands, federal courts generally require property owners to go to state court first with claims that regulation has deprived them of property rights or civil rights. However, at least in the Ninth U.S. Circuit Court of Appeals, federal courts have been reluctant to consider claims that have been decided in state court. Thus, it is difficult for property owners to get heard in federal court, which many people believe would be a more favorable venue for property owners than state court.

Although passage of HR 4772 is a long shot during the lame-duck congressional session, local governments are worried. The bill would undermine local zoning authority and "create greater federal intrusion into local land use decisions," according to the National League of Cities.