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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PORTION OF THE MUNICIPALITY'S EXTRATERRITORIAL AREA WHERE THE

MCNICIPALITY DOES NOT IMPOSE AN IDENTICAL REQUIREMENT OR
RESTRICTION IN ITS ENTIRE EXTRATERRITORIAL AREA. FOR PURPOSES OF

THIS P ARAGRAPH( d), "EXTRA TERRITORIAL AREA" MEANS AN AREA BEYOND

ITS EXISTING TERRITORIAL BOUNDARIES THA TTHEMUNICIPALlTY PROPOSES

TO ANNEX OR OVER WHICH THE MUNICIPALITY EXERCISES SOME DEGREE OF

DOMINION OR CONTROL RECOGNIZED AT LAW PURSUANT TO AN

INTERGOVERNM ENTAL AGREEMENT. "EXTRATERRITORIAL AREA" DOES NOT

INCLUDE ANY PORTION OF AN AREA THAT IS THE SUBJECT OF A COMPLETED

ANNEXATION PETITION.

29-20-304. Process for owner to submit claim for relief - notice

period - written ripeness decision. (1) AN OWNER MAY FILE A CLAIM

FOR RELIEF WITH A GOVERNMENTAL ENTITY IN ACCORDANCE WITH THE

REQUIREMENTS OFTHIS PART 3 TO DETERMINE WHETHERAN ACTIONOFTHE

GOVERNMENTAL ENTITY HAS RESULTED IN AN INORDINATE BURDEN TO THE

PROPERTY.

(2) A CLAIM FOR RELIEF SHALL BE FILED WITH THE GOVERNMENTAL

ENTITY NO LATER THAN ONE YEAR AFTER THE DATE THE OWNER KNEW OR

SHOULD HAVE KNOWN THAT THE GOVERNMENTAL ACTION INORDINATELY

BURDENED THE PROPERTY.

(3) THE OWNER SHALL SUBMIT, ALONG WITH THE CLAIM, A BONA

FIDE, VALID APPRAISAL THAT SUPPORTS THE CLAIM AND DEMONSTRATES

THE LOSS IN MARKET VALUE TO THE PROPERTY. IF THE ACTION OF THE

GOVERNMENT IS THE CULMINATION OF A PROCESS THAT INVOLVES MORE

THAN ONE GOVERNMENTAL ENTITY, OR IF THE RESOLUTION OF ALL

RELEVANT ISSUES REQUIRES THE ACTIVE PARTICIPATION OF MORE THAN

ONE GOVERNMENTAL ENTITY, THE OWNER SHALL FILE A CLAIM WITH EACH

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HBOI-I092