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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SECTION SHALL INCLUDE FINDINGS OF FACT BY THE DISTRICT COURT

CONCERNI:--JG THE MONETARY DAMAGES SUFFERED BY THE OWNER AS A

RESULT OF THE GOVERNMENTAL ACTION. THE AMOUNT OF THE DAMAGES

SHALL BE DETERMINED FROM THE DATE THE GOVERNMENT AL ACTION THAT

GA VE RISE TO THE JUDICIAL PROCEEDINGS BEGAN.

(5) A GOVERNMENTAL ENTITY MAY ELECT TO PAY THE DAMAGES
DETERMINED BY THE COURTPURSUANT TO SUBSECTION (4) OF THIS SECTION

AS COMPENSATION TO THE OWNER WHO PREVAILS IN A JUDICIAL

PROCEEDING BROUGHT UNDER THIS SECTION. NOTWITHSTANDING ANY

OTHER PROVISION OF LAW, SOVEREIGN IMMUNITY AS TO A DETERMINATION

OF LIABILITY IS WAIVED TO THE EXTENT THE GOVERNMENTAL ENTITY

13 AGENCY ELECTS TO PAY COMPENSATION TO THE OWNER:

ELECTS TO PAY COMPENSATION TO THE OWNER. IF A GOVERNMENTAL

14 (a) TilE DISTRICT COURT THAT RENDERED THE JUDGMENT IN THE

15 JUDICIAL PROCEEDINGS SHALL WITHDRAW THAT PORTION OF THE

]6 JUDGMENT OR ORDER RESCINDING THE ACTION OF THE GOVERNMENTAL

17 ENTITY;
18 (b) THE GOVERNMENTAL ENTITY SHALL PAY AS COMPENSATION TO
19 THE OWNER THE AMOUNT OF DAMAGES AS DETERMINED BY THE DISTRICT

20 COURT PURSUANT TO SUBSECTION (4) OF THIS SECTION NOT LATER THAN
21 SIXTY DAYS AFTER THE DATE OF THE ENTRY OF JUDGMENT;

22 (e) COMPENSATION TO THE OWNER PURSUANT TO THIS SECTION

23 SHALL BE PAID FROM FUNDS APPROPRIATED TO THE GOVERNMENTAL

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24 ENTITY.

(6) IF, AFTER THE GOVERNMENTAL ENTITY ELECTS TO PAY

26 COMPENSATION TO THE OWNER IN ACCORDANCE WITH PARAGRAPH (b) OF

27 SUBSECTION (5) OF THIS SECTION, THE GOVERNMENTAL ENTITY FAILS TO

.11.

HBO]-1092