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ID H0160
Bill
Status
2/12/2013
Primary Sponsor
State Affairs Committee
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AI Summary
H0160 Summary
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Establishes that a "regulatory taking" occurs when property value diminishes by more than 50% due to government regulation, measured by comparing market value before and after regulation imposition.
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Requires state agencies and local governments to prepare a written taking analysis within 62 days of a property owner's written request, delivered only by personal delivery with signed receipt, certified mail, or process service.
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Makes governmental actions voidable if a requested taking analysis is not prepared, allowing property owners to seek judicial determination through declaratory judgment or other legal procedures.
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Allows government entities found to have committed a regulatory taking to rescind the action and pay only attorney's fees and costs, or proceed to trial where damages awards must include reasonable costs and attorney's fees.
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Applies law prospectively to regulations adopted after July 1, 2013, and exempts specific actions including water rights adjudications, federal/state mandate implementations, exactions, permits, flood plain regulations, environmental quality actions, and fire suppression activities.
Legislative Description
Amends existing law relating to regulatory takings of private property; to revise provisions relating to the protection of private property in light of certain regulatory or administrative actions, to revise provisions relating to a regulatory taking analysis, to establish provisions relating to determining whether a regulatory taking has occurred, to establish provisions relating to rescinding a regulatory or administrative action, and to establish and revise additional provisions related to regulatory takings.
REGULATORY TAKINGS
Last Action
Reported Printed and Referred to State Affairs
2/13/2013