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AR HB1754
Bill
Status
5/5/2025
Primary Sponsor
Justin Gonzales
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AI Summary
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Creates the "Private Property Protection Act" requiring that zoning, planning board, subdivision, and land use restrictions be demonstrably necessary, narrowly tailored to fulfill a compelling governmental interest, and achievable only through the least restrictive means
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Applies to state agencies, counties, municipalities, and other political subdivisions for restrictions enacted after the act's effective date
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Exempts nuisance abatement actions, enforcement of existing permits/licenses, final judicial determinations, and private restrictive covenants not required by government
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Allows property owners to sue in court with the burden on the government to prove the restriction meets the strict standard; prevailing plaintiffs receive permanent injunctions plus attorney fees and costs
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Establishes a 5-year statute of limitations from when the property owner becomes aware or reasonably should have become aware of the violation
Legislative Description
To Create The Private Property Protection Act; And To Prohibit Certain Property Use Restrictions By Governmental Entities.
Last Action
Died in House Committee at Sine Die adjournment.
5/5/2025