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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THE SUBJECT PROPERTY;

(d) ISSUANCE BY THE GOVERNMENTAL ENTITY OF A DEVELOPMENT

ORDER, VARIANCE, SPECIAL EXCEPTION, PERMIT OR ANY RELATED OR

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SIMILAR RELIEF;
(e) THE PURCHASE OF THE SUBJECT PROPERTY, OR AN INTEREST

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THEREIN, BY ANY APPROPRIATE GOVERNMENTAL ENTITY;
(f) No CHANGE TO THE ACTION OF THE GOVERNMENTAL ENTITY; OR
(g) RESCISSION OF THE GOVERNMENTAL ACTION THAT BROUGHT

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FORTH THE CLAIM BY THE OWNER AND REIMBURSE TO THE OWNER THE

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OWNER's REASONABLE COSTS INCURRED IN SUBMITTING THE CLAIM.

II

(6) N 0 LATER THAN TEN DAYS FOLLOWING THE COMPLETION OF THE

ONE HUNDRED EIGHTY DAY RESPONSE PERIOD REQUIRED BY SUBSECTION
(5) OF THIS SECTION, UNLESS AN OFFER IS MADE BY THE GOVERNMENTAL

ENTITY AND ACCEPTED BY THE PROPERTY OWNER THAT RESOLVES THE

OWNER'S CLAIM FOR RELIEF UNDER THIS PART 3, EACH GOVERNMENTAL
ENTITY THAT PROVIDED NOTICE PURSUANT TO SUBSECTION (4) OF THIS

SECTION SHALL ISSUE A WRITTEN RIPENESS DECISION IDENTIFYING THE

ALLOW ABLE USES TO WHICH THE SUBJECT PROPERTY MAY BE PUT. THE

FAILURE OF A GOVERNMENTAL ENTITY TO ISSUE A WRITTEN RIPENESS

DECISION IN ACCORDA:-.iCE WITH THE REQUIREMENTS OF THIS SUBSECTION
(6) SHALL BE DEEMED TO RIPEN THE PRIOR ACTION OF THE GOVERNMENTAL

ENTITY AND SHALL OPERATE AS A RIPENESS DECISION THAT HAS BEEN

REJECTED BY THE OWNER IN ACCORDANCE WITH SECTION 29-20-305 (I).

THE RIPENESS DECISION SHALL CONSTITUTE THE LAST PREREQUISITE TO

JUDICIAL REVIEW, AND THE MATTER SHALL BE DEEMED RIPE OR FII\AL FOR

THE PURPOSES OF JUDICIAL PROCEEDINGS IN ACCORDANCE WITH SECTION

29-20-305.

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HBOI-I092