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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PAY COMPENSATION TO THE OWNER, THE COURT SHALL REINSTATE THAT

2 PART OF THE JUDGMENT OR ORDER WITHDRAWN BY THE DISTRICT COURT

PURSUANT TO PARAGRAPH (a) OF SUBSECTION (5) OF THIS SECTION.

(7) ANY PARTY AGGRIEVED BY AJUDGMENT RENDERED UNDER THIS

SECTION MAY APPEAL THE JUDGEMENT AS PROVIDED BY LAW.

(8) IF AN OWNER PREVAILS IN AN ACTION BROUGHT BEFORE THE

DISTRICT COURT PURSUANT TO THIS SECTION AND THE GOVERNMENTAL

ENTITY APPEALS, THE COURT SHALL ENJOIN THE GOVERNMENTAL ENTITY

FROM ENFORCING, MAINTAINING, OR IMPLEMENTING THE GOVERNMENTAL

ACTION THAT GAVE RISE TO THE JUDICIAL PROCEEDING DURING THE

PENDENCY OF THE APPEAL.

(9) THE DISTRICT COURT SHALL AWARD AN OWNER WHO PREVAILS

IN AN ACTION BROUGHT UNDER THIS SECTION THE OWNER'S REASONABLE

14 ATTORNEY FEES, APPRAISAL FEES, AND COSTS OF THE ACTION.

15 29-20-306. Exceptions. (I) EXCEPT AS EXPRESSLY PROVIDED,

16 THIS PART 3 DOES NOT AFFECT THE SOVEREIGN IMMUNITY THAT ANY

17 GOVERNMENTAL ENTITY MAY POSSESS UNDER LAW.

18 (2) THIS PART 3 SHALL NOT BE CONSTRUED TO AFFECT EXISTING
19 STATUTORY PROVISIONS REGARDINGGOVERNMENTALPOWERSOFEMINENT

20 DOMAIN FOR TRANSPORTATION PURPOSES.

21 (3) THIS PART 3 SHALL NOT BE CONSTRUED TO SUPERCEDE OR

22 REPLACE METHODS AGREED TO BY PARTIES TO A DISPUTE AND LAWFULL Y

23 AVAILABLE FOR ARBITRATION, MEDIATION, OR OTHER FORMS OF

24 ALTERNATIVE DISPUTE RESOLUTION, AND GOVERNMENTAL ENTITIES ARE
25 ENCOURAGED TO UTIUZE SUCH METHODS TO AUGMENT OR F ACIL1TA TE THE

26 PROCESSES AND ACTIONS CONTEMPLATED BY THIS PART 3.

27 SECTION 2. Effective date - applicability. (I) This act shall

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HBOI-I092