S.638 - To amend the Act of June 22, 1948. (119th Congress)
Summary
S.638 proposes an amendment to the Act of June 22, 1948, specifically modifying Section 5, which pertains to appraisals under the Thye-Blatnik Act. The amendment changes the appraisal valuation from "fair appraised value" to "highest fair appraised value, including historical fair appraised values." This determination is to be made by the Secretary of Agriculture.
The bill was introduced in the Senate by Ms. Smith and Ms. Klobuchar and referred to the Committee on Agriculture, Nutrition, and Forestry. The change aims to incorporate historical appraisal values into the current appraisal process.
The bill's impact will largely depend on how the Secretary of Agriculture interprets and implements the new appraisal standard.
Expected Effects
The primary effect of this bill, if enacted, would be a change in how appraisals are conducted under the Thye-Blatnik Act.
Specifically, it mandates the consideration of historical fair appraised values in addition to current fair appraised values. This could lead to higher valuations in some cases, depending on the historical data and the Secretary of Agriculture's interpretation.
The change could affect land transactions, conservation efforts, and other activities governed by the Thye-Blatnik Act.
Potential Benefits
- Potentially higher valuations for landowners, which could incentivize participation in conservation programs.
- A more comprehensive appraisal process that considers historical context.
- Increased transparency in appraisal methodologies if the Secretary of Agriculture provides clear guidelines.
- Could lead to better resource management by incorporating long-term value considerations.
- May provide a more equitable outcome for landowners who have seen fluctuations in land values over time.
Potential Disadvantages
- Potential for increased costs associated with conducting more complex appraisals that include historical data.
- Uncertainty regarding how the Secretary of Agriculture will define and apply "historical fair appraised values."
- Possible disputes over appraisal values if historical data is incomplete or inconsistent.
- Could create opportunities for manipulation or bias in the appraisal process.
- May disproportionately benefit certain landowners over others, depending on the historical trends in their area.
Constitutional Alignment
The bill appears to align with the Constitution, specifically Article I, Section 1, which grants legislative powers to Congress. The bill is a proposed amendment to existing legislation, a power explicitly granted to Congress.
There are no apparent conflicts with individual rights or freedoms protected by the Bill of Rights. The amendment focuses on appraisal methodology and does not infringe upon any constitutionally protected liberties.
However, the implementation by the Secretary of Agriculture could raise concerns if it leads to arbitrary or discriminatory outcomes, potentially implicating the Fifth Amendment's due process clause.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).