LEG00006

• Bill Number: HB01-1092
• Year: 2001
• Title: Regulatory Action by Governmental Entities Burdening the Property that May Not Clearly Amount to a Taking Under Existing Law
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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(7) FOR PURPOSES OF THIS PART 3, THE EXISTENCE OF A "VESTED
RIGHT" IS TO BE DETERMINED BY APPLYING THE PRINCIPLES OF EQUITABLE

ESTOPPEL OR SUBSTANTIVE DUE PROCESS UNDER THE COMMON LAW OR

STATUTORY LAW OF THIS STATE.

29-20-305. Judicialproceedings. (1) IF THE OWNER REJECTS THE

RESPONSE Of THE GOVERNMENTAL ENTITY SUBMITTED IN ACCORDANCE

WITH SECTION 29-20-304 (5) AND THE RIPENESS DECISION Of THE

GOVERNMENTAL ENTITY SUBMITTED IN ACCORDANCE WITH SECTION

29-20-304 (6), THE OWNER MAY BRING A CIVIL ACTION IN ACCORDANCE

WITH THE REQUIREMENTS OF THIS SECTION SEEKING A DETERMINATION OF

WHETHER THE ACTION OF THE GOVERNMENTAL ENTITY HAS RESULTED IN

AN INORDINATE BURDEN TO THE SUBJECT PROPERTY.

(2) A CIVIL ACTION UNDER THIS SECTION SHALL COMMENCE WITH

THE fILING BY THE OWNER Of A COMPLAINT IN THE DISTRICT COURT FOR

THE COUNTY IN WHICH THE SUBJECT PROPERTY IS LOCATED. IF THE

SUBJECT PROPERTY IS LOCATED IN MORE THAN ONE COUNTY, THE OWNER

MAY fILE THE ACTION IN ANY COUNTY IN WHICH THE PROPERTY IS

LOCATED. A COpy OF THE OWNER's COMPLAINT SHALL BE SERVED

CONTEMPORANEOUSLY UPON EACH OF THE GOVERNMENTAL ENTITIES THAT

MADE A WRITTEN RESPONSE AND RIPENESS DECISION THAT WAS REJECTED

BY THE OWNER.

(3) IF THE DISTRICT COURT FINDS THAT AN INORDINATE BURDEN

HAS OCCURRED, IT SHALL ENTER JUDGMENT IN FAVOR OF THE OWNER AND

SHALL ORDER THAT THE ACTION OF THE GOVERNMENTAL ENTITY GIVING

RISE TO THE OWNER 's CLAIM BE RESCINDED NOT MORE THAN THIRTY DA YS

AfTER THE DATE OF THE ENTRY OF JUDGMENT.

(4) A JUDGMENT ENTERED IN FAVOR OF THE OWNER UNDER THIS

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HBOI-I092