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AR HB1754

Bill

Status

Failed

5/5/2025

Primary Sponsor

Justin Gonzales

Click for details

Origin

House of Representatives

95th General Assembly (2025 Regular)

AI Summary

  • 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

  • Applies to state agencies, counties, municipalities, and other political subdivisions for restrictions enacted after the act's effective date

  • Exempts nuisance abatement actions, enforcement of existing permits/licenses, final judicial determinations, and private restrictive covenants not required by government

  • 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

  • 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

Committee Referrals

Judiciary3/12/2025

Full Bill Text

No bill text available