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ID S1325
Bill
Status
3/28/2016
Primary Sponsor
State Affairs Committee
Click for details
AI Summary
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Property owners may submit a written request for a regulatory takings analysis to the clerk or agency undertaking the regulatory or administrative action.
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State agencies or local governments must prepare a written taking analysis within 28 days after the final decision, using the attorney general's checklist, and provide it to the property owner within 42 days of the request.
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A governmental action is voidable if a written taking analysis is not prepared after a request has been made, and property owners may seek judicial review through declaratory judgment or other legal procedures in district court.
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Time limitations relevant to regulatory or administrative actions are tolled during preparation of the taking analysis and cease when the analysis is provided to the property owner.
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Property owners are not required to submit a request for a taking analysis, and choosing not to submit does not prevent them from seeking any legal or equitable remedy, including just compensation.
Legislative Description
Amends existing law to provide that an owner of private property may submit a written request for a regulatory takings analysis with the clerk or the agency or entity taking the regulatory or administrative action and to provide that a private property owner is not required to submit a request under the regulatory takings chapter and the failure to submit a written request shall not prevent or prohibit the private property owner from seeking any legal or equitable remedy including, but not limited to, the payment of just compensation.
REGULATORY TAKINGS
Last Action
Signed by Governor on 03/28/16 Session Law Chapter 225 Effective: 07/01/2016
3/28/2016