HB 1798 -- Regulatory Takings

Co-Sponsors:  Williams (159), Wiggins, Leake, Legan, Ransdall,
Britt, Myers

This bill establishes the "Private Property Protection Act."  In
its major provisions, the bill:

(1)  Considers real property to be subject to a regulatory
taking when the state or any of its political subdivisions
implement a rule, regulation, law, or ordinance that reduces by
at least 20% the fair market value of the property;

(2)  Requires the governmental entities imposing the regulation
that subjects the property to a regulatory taking to compensate
the owner of the property through condemnation proceedings.  The
owner may elect to have a jury determine the amount of
compensation;

(3)  Requires no compensation by a governmental entity when the
regulation is an exercise of police power to prevent uses that
are noxious or harmful to the health and safety of the public;

(4)  Exempts from the bill's provisions laws and rules within
the jurisdiction of the Department of Health.  The Department of
Natural Resources is also exempted from the bill's provisions
when it is performing statutory duties to protect the
environment and the health and welfare of the public;

(5)  Establishes a limitations period of 5 years for bringing
actions under the bill's provisions.  The period begins when the
governmental entity implements the regulation affecting the
owner's property;

(6)  Allows the governmental entity the option of paying the
compensation award to a prevailing plaintiff or suspending its
regulation to the extent necessary to allow the plaintiff's
property and all similarly situated property to be regulated at
the level in effect on the date the plaintiff acquired the
property or on the bill's effective date, whichever is later.
If the governmental entity elects to suspend its regulation, the
entity is required to compensate the plaintiff for the
reasonable costs of the action and the plaintiff's economic
losses caused by the regulation during the period when it was
applied to the plaintiff's property; and

(7)  Specifies that a property owner who brings an action under
the bill's provisions is not precluded from pursuing additional
legal remedies.