BRITT, MYERS (Co-sponsors), GRAHAM (106), HEGEMAN, WARD, McBRIDE, MERIDETH, FOSTER,
RICHARDSON, ELLIOTT, HOHULIN, KREIDER AND BLACK.
Read 1st time January 27, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 523, RSMo, relating to condemnation by adding thereto seven new sections relating to the private property protection act.
Section A. Chapter 523, RSMo, is amended by adding thereto seven new sections, to be known as sections 523.250, 523.252, 523.254, 523.256, 523.258, 523.260 and 523.262, to read as follows:
523.250. Sections 523.250 to 523.262 shall be known and may be cited as the "Private Property Protection Act".
523.252. As used in sections 523.250 to 523.262, the following terms mean:
(1) "Real property", real property the use of which is directly controlled or regulated by a regulatory program;
(2) "Regulatory program", any rule, regulation, law or ordinance that affects the fair market value of real property. Such regulatory programs include, but are not limited to:
(a) No growth/moratoriums, aesthetic or scenic, environmental or overlay districts;
(b) Green space, landscape or tree ordinances; or
(c) Land use planning or zoning programs; provided that no program of the state highways and transportation commission or the department of transportation shall be considered or construed to be a regulatory program if such program is necessary for the receipt of federal funds from the United States Department of Transportation.
523.254. 1. Whenever implementation by the state or any of its political subdivisions of any regulatory program operates to reduce by at least twenty percent the fair market value of real property for the uses permitted at the time the owner acquired the title, or on the effective date of sections 523.250 to 523.262, whichever is later, the property shall be deemed to have been taken for the use of the public.
2. The owner of the property which suffered the regulatory taking shall have the right to require condemnation by and just compensation from the governmental unit, or units if more than one governmental unit is involved, imposing the regulation resulting in decreased value, or to receive compensation for the reduction in value caused by government action, and in either case to have such compensation determined by a jury. If more than one governmental unit is involved, the court shall determine the proportion each unit shall be required to contribute to the compensation. Compensation is required pursuant to this section only in instances where the fair market value of the property is reduced by at least twenty percent.
3. Governmental units subject to sections 523.250 to 523.262 shall not make waiver of the provisions of sections 523.250 to 523.262 a condition for approval of the use of real property or the issuance of any permit or other entitlement. Plaintiffs may accept an approval of use, permit or other entitlement granted by the governmental unit without compromising their rights pursuant to sections 523.250 to 523.262 if:
(1) A written reservation of rights is made at the time of acceptance of such authorization, permit or other entitlement;
(2) By oral statement made before the governmental unit granting the authorization, permit or other entitlement at a public meeting at which the governmental unit renders its decision;
(3) The owner or user may make his or her reservation in either or both forms.
4. When any regulatory program resulting from a zoning ordinance operates to change a permitted use and the fair market value of the affected real property is the same or greater than before the effective date of the implementation of the regulatory program, no compensation shall be paid pursuant to sections 523.250 to 523.262.
523.256. No compensation shall be required pursuant to sections 523.250 to 523.262 if the regulatory program is an exercise of the police power to prevent uses that are noxious in fact or that are of demonstrable harm to the health and safety of the public. A use shall be deemed a noxious use if, and only if, it amounts to a public nuisance in fact. Determination by the governmental unit or units involved that a use is a noxious use or poses a demonstrable harm to public health and safety shall not be binding upon the court. Review of the governmental unit's or units' determination shall be de novo. The provisions of sections 523.250 to 523.262 shall not apply to laws or rules within the jurisdiction of the director of the department of health. The department of natural resources shall be exempt from the provisions of sections 523.250 to 523.262 while in performance of their statutory duty to protect the environment and the health and general welfare of the people of the state of Missouri.
523.258 1. The statute of limitations for actions brought pursuant to sections 523.250 to 523.262 shall be five years. The statute of limitations shall begin to run upon the final administrative decision implementing the regulatory program affecting plaintiff's property.
2. A program is implemented with respect to an owner's or user's property when actually applied to such property.
523.260. 1. If the governmental unit of which inverse condemnation is successfully required pursuant to sections 523.250 to 523.262 is unwilling or unable to pay the costs awarded, it may instead relax the land use planning, zoning or other regulatory program as it affects the plaintiff's land and all similarly situated land in the jurisdiction in which the regulatory program is in effect to the level of regulation in place as of the time the owner acquired title or on the effective date of sections 523.250 to 523.262, whichever is later. In such event, the governmental unit shall be liable to the plaintiff landowner or user for the reasonable and necessary costs of the inverse condemnation action, plus any actual and demonstrable economic losses caused the plaintiff by regulation during the period in which it was in effect.
2. This section shall not be deemed to affect any remedy which is constitutionally required.
3. Notwithstanding any other provision of law to the contrary, the governmental unit or units subject to an award of compensation pursuant to sections 523.250 to 523.262 may elect to relax the land use planning, zoning or other regulatory program without further public hearings, proceedings or environmental review. If the governmental unit or units elect to so relax the affected regulatory program, the previously effective program shall automatically be in effect.
523.262. Nothing in sections 523.250 to 523.262 shall be construed to preclude property owners from bringing
legal challenges to regulatory programs affected by sections 523.250 to 523.262 in instances where the regulation
cause diminution in value of the property for the uses permitted at the time the owner acquired title, or the
effective date of sections 523.250 to 523.262, whichever is later, nor shall it be construed to preclude property
owners from bringing legal challenges to regulatory programs affected by sections 523.250 to 523.262 based on
other provisions of law.
Missouri House of Representatives