|SB 0239||Real property rights protected from some govt'l actions|
|Last Action:||02/08/95 - Hearing Conducted S Civil & Criminal Jurisprudence Committee|
|Effective Date:||August 28, 1995|
SB 239 - This act may be cited as the "Private Property Rights Restoration Act". A cause of action is granted to the owner of real property against the state or any political subdivision if:
1. State or political subdivision action in any way infringes upon a private property right; and
2. Such action results in a reduction in the fair market value of the affected portion of property.
A prima facie case against the state or political subdivision is made if the reduction meets certain levels. The owner can elect to recover either the decrease in fair market value and keep title or, recover the fair market value prior to the application and relinquish title. If the owner's use or proposed use of the property amounts to a public nuisance, no recovery is allowed, if the state or political subdivision can bear the burden of proof in establishing that the use or proposed use is a public nuisance.
A six year statute of limitations is enacted. A court may
award costs, including reasonable attorney and witness fees, to a
prevailing plaintiff, with the state agency or political
subdivision responsible for payment of the judgment.