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

..,...,~.
)':1

.,;;~"""",<'";.J.
_k~); '<''''''~''''-_ ~
,

~~;.~}'~-'1

""

!'f"1I!'-:
h' li1l'___~.ir~_'j
"

:,..,

.,

~'
~'f
.J
,1
It,,. ~'-'
,1\.. ~-,;f..,
:1
...:t.;r
"'"Ci"",,~.;,.~"
-::"t",-~

(I) HAS DIRECTLY RESTRICTED OR LIMITED THE USE OF PRIVATE
2 REAL PROPERTY AS A WHOLE SUCH THAT THE OWNER OF THE PROPERTY IS

3 PERMANENTLY UNABLE TO ATTAIN EITHER THE REASONABLE,

4
5
6

INVESTMENT-BACKED EXPECTATION FOR THE EXISTING USE OF THE

PROPERTY OR A VESTED RIGHT TO A SPECIFIC USE OF THE PROPERTY THAT

WOULD OTHERWISE EXIST IN THE ABSENCE OF THE GOVERNMENTAL

7
8
9
10
II
12
13

ACTION;
(II) HAS DIRECTLY RESTRICTED OR LIMITED THE USE OF PRlV ATE

REAL PROPERTY AS A WHOLE SUCH THAT THE OWNER OF THE PROPERTY IS

LEFT WITH EXISTING OR VESTED USES THAT ARE UNREASONABLE IN THAT

THE OWNER PERMANENTLY BEARS A DISPROPORTIONATE SHARE OF A

BURDEN IMPOSED FOR THE GOOD OF THE PUBLIC THAT AS A MATTER OF

EQUITY SHOULD BE BORNE BY THE PUBLIC AT LARGE; OR

14

(III) Is THE PRINCIPAL CAUSE OF AREDUCTIONOF AT LEAST TWENTY

15 PERCENT IN THE MARKET VALUE OF THE PRIVATE REAL PROPERTY AS

16 DETERMINED BY COMPARING THE MARKET VALUE OFTHE PROPERTY IF THE

17 GOVERNMENTAL ACTION WERE NOT IN EFFECT AND THE MARKET VALUE OF

18 THE PROPERTY DETERMINED WITH THE GOVERNMENT ALACTION IN EFFECT.

19

(b) "INORDINATE BURDEN" DOES NOT INCLUDE TEMPORARY

20 IMPACTS TO PRIVATE REAL PROPERTY, IMPACTS TO PRIVATE REAL
21 PROPERTY OCCASIONED BY GOVERNMENTAL ABATEMENT, THE

22 PROHIBITION, PREVENTION, OR REMEDIATION OF A PUBLIC NUISANCE OR A

23 NOXIOUS USE OF PRIVATE REAL PROPERTY, OR IMPACTS TO PRIVATE REAL
24 PROPERTY CAUSED BY AN ACTION OF A GOVERNMENTAL ENTITY TAKEN TO

25 GRANT RELIEF TO AN OWNER UNDER THIS PART 3.

26 (5) "MARKET VALUE" MEANS THE PRICE A WILLING BUYER WOULD
27 PAY A WILLING SELLER FOR PRIVATE REAL PROPERTY ACCORDING TO

-5-

HBOI-1092