House Committee Substitute

HCS/SCS/SB 203 - This act modifies how actions against another property owner whose property is a nuisance are brought in certain cities and counties. Specifically this act modifies how notice of a nuisance is given to the property owner or tenant of the property. Also, this act modifies how proceedings seeking an injunctive relief against the property owner under this act are conducted.

The definitions of the terms "nuisance" and "neighborhood organizations", as they are used in this act, are modified. Property owners and neighborhood organizations seeking injunctive relief under this act will no longer have to show they are suffering actual damages as a result of the nuisance in order to bring such an action. Additionally, this act permits attorney's fees being awarded in certain circumstances to the party who brought the action.

This act modifies a defense available to property owners who are acting in good faith to comply with all orders rather than an order issued by the Department of Natural Resources, the U.S. Environmental Protection Agency, or the Office of the Attorney General.

This act requires the board of aldermen of cities of the fourth classification to seek appraisals and to provide additional reasonable analyses before putting a proposed water or wastewater system sale or a sale of a gas plant before the voters. One appraisal shall be conducted by an independent appraiser selected by the board of aldermen and another appraisal shall be conducted by an independent appraiser approved by the potential buyer and shall be used to determine the utility's fair market value. In addition, the board of aldermen shall prepare an inventory of the utility's real and personal property, a statement of net position or balance sheet of the utility, and a financial information statement of the utility. Alternatives to disposing of the utility system by sale shall be considered by the board.

This act is similar to SB 225 (2019) and HB 909 (2019).

CHARLEY MERRIWEATHER


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