SB 0610 Real Property Rights Protected From Some Gov. Actions
LR Number:S2268.01I Fiscal Note:2268-01
Last Action:01/17/96 - Hearing Conducted S Judiciary Committee
Effective Date:August 28, 1996
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Current Bill Summary

SB 610 - This act may be known as the Private Property Rights Restoration Act . The bill is similar to SB 239 from 1995.

A cause of action is granted to the owner of real property against the state or any political subdivision if:

1) Some 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.

The act prohibits a cause of action against any city, town, village, county or township that regulates property through zoning.

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 drop in fair market value and keep title or 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 establish 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.