HB 704 -- Governmental Action Affecting Private Property

Co-Sponsors:  Crawford, Marble, Elliott, Legan, Reinhart,
Gaskill, Alter, Blunt, Summers

This bill requires state agencies to prepare a written
assessment of the constitutional taking implications of an
agency's action before that action is implemented.  Governmental
actions covered by the bill's provisions include any
administrative rule that would impede the use of property or
significantly interfere with investment-backed expectations,
licensing or permitting requirements on the use of private
property, and required dedications or executions of private
property.  The formal exercise of eminent domain, the seizure of
private property by a law enforcement agency as evidence of a
crime, and the regulation of hunting and fishing seasons are
exempted.  The bill authorizes the Attorney General to develop
guidelines to assist state agencies in their evaluation of
governmental actions.

The bill also:

(1)  Allows the state agency to act before completing the
assessment if there is an immediate threat to public health and
safety;

(2)  Authorizes an action in circuit court when an agency
violates the bill's provisions;

(3)  Authorizes a cause of action for a constitutional taking
when the state agency's action is "potentially applicable" to
the private property; and

(4)  Prohibits real property within the state from being sold to
or purchased by any governmental entity, including the federal
government, without the express consent of the General Assembly.