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NC H787

Bill

Status

Introduced

4/10/2013

Primary Sponsor

George Cleveland

Click for details

Origin

House of Representatives

2013-2014 Session

AI Summary

  • Creates a new cause of action allowing owners of bona fide farms on rural property to file civil suits for regulatory takings when environmental regulations or state/local ordinances prevent economically viable farm use.

  • Applies to property outside municipal corporate limits, including property within a municipality's extraterritorial jurisdiction, and defines "bona fide farm purpose" according to existing statute G.S. 153A-340.

  • Allows property owners to seek compensation against any condemnor listed in G.S. 40A-3(b) or (c) when land can no longer be used for farm purposes in an economically viable manner due to regulations enacted for general environmental benefit to the region.

  • Awards reasonable attorneys' fees and costs to property owners who prevail in regulatory taking actions under this statute.

  • Effective upon enactment and applies to causes of action filed on or after the effective date.

Legislative Description

Protect Rural Land Use Rights

Last Action

Re-ref Com On Judiciary Subcommittee A

5/1/2013

Committee Referrals

Judiciary Subcommittee A5/1/2013
Agriculture4/11/2013

Full Bill Text

No bill text available