Search terms: ISYSLANG IT |
IN THE SENATE
SENATE BILL NO. 1325
BY STATE AFFAIRS COMMITTEE
1
AN ACT
2
3
PROVIDE THAT AN OWNER OF PRIVATE PROPERTY MAY SUBMIT A WRITTEN REQUEST
4
FOR A REGULATORY TAKINGS ANALYSIS WITH THE CLERK OR THE AGENCY OR ENTITY
5
UNDERTAKING THE REGULATORY OR ADMINISTRATIVE ACTION AND TO PROVIDE THAT
6
A PRIVATE PROPERTY OWNER IS NOT REQUIRED TO SUBMIT A REQUEST UNDER THE
7
REGULATORY TAKINGS CHAPTER AND THE FAILURE TO SUBMIT A WRITTEN REQUEST
8
SHALL NOT PREVENT OR PROHIBIT THE PRIVATE PROPERTY OWNER FROM SEEKING
9
10
OF JUST COMPENSATION.
12
13
amended to read as follows:
14
67-8003. PROTECTION OF PRIVATE PROPERTY. (1) The attorney general
15
shall establish, by October 1, 1994, an orderly, consistent process, includ-
16
17
evaluate proposed regulatory or administrative actions to assure that such
18
actions do not result in an unconstitutional taking of private property. The
19
attorney general shall review and update the process at least on an annual
20
basis to maintain consistency with changes in law. All state agencies and
21
local governments shall follow the guidelines of the attorney general.
22
(2) Upon the written request of aAn owner of real private property that
23
is the subject of such action, such may submit a written request being filed
24
with the clerk or the agency or entity undertaking the regulatory or admin-
25
istrative action. Nnot more than twenty-eight (28) days after the final de-
26
cision concerning the matter at issue, a state agency or local governmental
27
entity shall prepare a written taking analysis concerning the action. Any
28
regulatory taking analysis prepared hereto shall comply with the process set
29
forth in this chapter, including use of the checklist developed by the at-
30
torney general pursuant to subsection (1) of this section and shall be pro-
31
vided to the real private property owner no longer than forty-two (42) days
32
after the date of filing the request with the clerk or secretary of the agency
33
whose action is questioned. A regulatory taking analysis prepared pursuant
34
to this section shall be considered public information.
35
(3) A governmental action is voidable if a written taking analysis
36
is not prepared after a request has been made pursuant to this chapter. A
37
private real property owner, whose property is the subject of governmen-
38
tal action, affected by a governmental action without the preparation of
39
a requested taking analysis as required by this section may seek judicial
40
determination of the validity of the governmental action by initiating a
41
declaratory judgment action or other appropriate legal procedure. A suit
42
seeking to invalidate a governmental action for noncompliance with subsec-
2
1
tion (2) of this section must be filed in a district court in the county in
2
which the private property owner's affected real private property is lo-
3
cated. If the affected property is located in more than one (1) county, the
4
private property owner may file suit in any county in which the affected real
5
private property is located.
6
(4) During the preparation of the taking analysis, any time limitation
7
relevant to the regulatory or administrative actions shall be tolled. Such
8
tolling shall cease when the taking analysis has been provided to the prop-
9
erty owner. Both the request for a taking analysis and the taking analysis
10
shall be part of the official record regarding the regulatory or administra-
11
tive action.
12
(5) A private property owner is not required to submit a request under
13
this chapter. The decision by the private property owner not to submit a re-
14
quest under this chapter shall not prevent or prohibit the private property
15
owner from seeking any legal or equitable remedy including, but not limited
16
to, the payment of just compensation.