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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OF THE INVOL VED GOVERNMENTAL ENTITIES.

(4) THE GOVERNMENTAL ENTITY SHALL PROVIDE WRITTEN NOTICE

OF THE CLAIM TO ANY OTHER PERSON INVOLVED IN THE UNDERLYING

REGULATORY OR LEGAL PROCEEDING GIVING RISE TO THE CLAIM AND TO

OWNERS OF REAL PROPERTY CONTIGUOUS TO THE OWNER'S PROPERTY AT

THE ADDRESSES LISTED ON THE MOST RECENT TAX ROLLS. WITHIN FIFTEEN

DA YS AFTER THE CLAIM IS FILED, THE GOVERNMENTAL ENTITY SHALL

PUBLICLY REPORT THE CLAIM IN WRITING AND SHALL PROVIDE THE NAME,

ADDRESS, AND TELEPHONE NUMBER OF THE EMPLOYEE OF THE

GOVERNMENTAL ENTITY FROM WHOM ADDITIONAL INFORMATION MAY BE

OBTAINED ABOUT THE CLAIM DURING THE PENDENCY OF THE CLAlM AND

ANY SUBSEQUENT JUDICIAL PROCEEDINGS.

(5) UPON SUBMISSION OF A CLAIM IN ACCORDANCE WITH THE

REQUIREMENTS OF THIS SECTION, THE GOVERNMENT AL ENTITY SHALLHA VE

ONE HUNDRED EIGHTY DAYS, UNLESS EXTENDED BY AGREEMENT OF THE
PARTIES, TO MAKE A WRITTEN RESPONSE TO THE OWNER. IN ITS RESPONSE,

THE GOVERNMENTAL ENTITY MAY OFFER TO UNDERTAKE ONE OR MORE OF

THE FOLLOWING COURSES OF ACTION, SINGLY OR IN COMBINATION,

WITHOUT LIMITATION, TO ADDRESS THE OWNER'S CLAIM:

(a) AN OFFER TO SWAP OR EXCHANGE THE SUBJECT PROPERTY FOR

OTHER PROPERTY THAT THE GOVERNMENT ALENTITY IS ABLE TO OFFER THE

OWNER;

(b) THE TRANSFER OF DEVELOPMENT RIGHTS IN OTHER PRIVATE

REAL PROPERTY IN EXCHANGE FOR DEVELOPMENT RIGHTS IN AND TO THE

SUBJECT PROPERTY;

(c) A CHANGE OR MODIFICATION IN REGULATORY REQUIREMENTS

AFFECTING DENSITY, INTENSITY, OR DEVELOPMENTAL USE AS APPLIED TO

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HBO 1-1092