CS/CS/HB 1383 - Private Property Rights Protection

• Extends notice period for property rights protection claims from 90 to 150 days before filing suit against governmental entities, except for agricultural property which remains 90 days.

• Creates presumption that settlement agreements for residential properties apply to all similarly situated residential parcels within a political subdivision, rebuttable only by clear and convincing evidence.

• Allows property owners to bring claims without submitting formal development applications when governmental entity concludes a law or regulation imposes new limitations on property use, upon written notice and response from the entity.

• Authorizes property owners to bring actions declaring prohibited exactions invalid and recover damages, with governmental entity bearing burden of proving essential nexus to legitimate public purpose and rough proportionality to impacts.

• Requires Department of Transportation to afford right of first refusal to previous property owner before disposing of property acquired for transportation purposes, except in certain circumstances.

• Effective date: July 1, 2019.