HB 1121 Summary

• Property owners may seek compensation from governmental entities if a specific government action "inordinately burdens" an existing property use or vested development right, creating a cause of action below the level of a constitutional taking.

• Property owners must submit a claim with supporting appraisal to the governmental entity at least 150 days (or 90 days for agricultural land) before filing suit, and the entity must respond with a written settlement offer and statement of allowable uses.

• Governmental entities cannot claim tort immunity or avoid punitive damages on claims for inordinately burdening property use; compensation is determined by the difference between property value with and without the burden, including prejudgment interest.

• Settlement offers may include adjustments to development standards, density/intensity modifications, land swaps, mitigation payments, variances, or property purchase; if accepted, they may be implemented through development agreements or court approval.

• The law does not apply to government actions before July 1, 2017, transportation facility operations, or certain flood insurance rate map adoptions, and suits must be filed within one year of the government action first applying to the property.