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<br />. <br /> <br />- <br /> <br />. <br /> <br />PRINCIPLES OF EQUITABLE ESTOPPEL OR SUBSTANTIVE DUB PROCESS UNDER THE COMMON LAW OR STATUTORY LAW OF <br />THIS STATE. <br />29-20-305. Judicial proceedings. (I) IF THE OWNER REJECTS THE RESPONSE OF THE GOVERNMENTAL ENTITY <br />SUBMITTED IN ACCORDANCE WITH SECTION 29-20-304 (5) AND THE RIPENESS DECISION OF THE GOVERNMENTAL ENTITY <br />SUBMITTED IN ACCORDANCE WITH SECTION 29-20-304 (6), THE OWNER MAY BRING A CIVIL ACTION IN ACCORDANCE WITH <br />THE REQUIREMENTS OF THIS SECTION SEEKING A DETERMINATION OF WHETHER THE ACTION OF THE GOVERNMENTAL <br />ENTITY HAS RESULTED IN AN INORDINATE BURDEN TO THE SUBJECT PROPERTY. <br />(2) A CIVIL ACTION UNDER THIS SECTION SHALL COMMENCE WITH THE FILING BY THE OWNER OF A COMPLAINT <br />IN THE DISTRICT COURT FOR THE COUNTY IN WHICH THE SUBJECT PROPERTY IS LOCATED. IF THE SUBJECT PROPERTY IS <br />LOCATED IN MORE THAN ONE COUNTY, THE OWNER MAY FILE THE ACTION IN ANY COUNTY IN WHICH THE PROPERTY IS <br />LOCATED. A COPY OF THE OWNER'S COMPLAINT SHALL BE SERVED CONTEMPORANEOUSLY UPON EACH OF THE <br />GOVERNMENTAL ENTITIES THAT MADE A WRITTEN RESPONSE AND RIPENESS DECISION THAT WAS REJECTED BY THE OWNER. <br />(3) IF THE DISTRICT COURT FINDS THAT AN INORDINATE BURDEN HAS OCCURRED, IT SHALL ENTER JUDGMENT IN <br />FAVOR OF THE OWNER AND SHALL ORDER THAT THE ACTION OF THE GOVERNMENTAL ENTITY GIVING RISE TO THE OWNER'S <br />CLAIM BE RESCINDED NOT MORE THAN THIRTY DAYS AFTER THE DATE OF THE ENTRY OF JUDGMENT. <br />(4) A JUDGMENT ENTERED IN FAVOR OF THE OWNER UNDER THIS SECTION SHALL INCLUDE FINDINGS OF FACT BY <br />THE DISTRICT COURT CONCERNING THE MONETARY DAMAGES SUFFERED BY THE OWNER AS A RESULT OF THE <br />GOVERNMENTAL ACTION. THE AMOUNT OF THE DAMAGES SHALL BE DETERMINED FROM THE DATE THE GOVERNMENTAL <br />ACTION THAT GAVE RISE TO THE JUDICIAL PROCEEDINGS BEGAN. <br />(5) A GOVERNMENTAL ENTITY MAY ELECT TO PAY THE DAMAGES DETERMINED BY THE COURT PURSUANT TO <br />SUBSECTION (4) OF THIS SECTION AS COMPENSATION TO THE OWNER WHO PREVAILS IN A JUDICIAL PROCEEDING BROUGHT <br />UNDER THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SOVEREIGN IMMUNITY AS TO A <br />DETERMINATION OF LIABILITY IS WAIVED TO THE EXTENT THE GOVERNMENTAL ENTITY ELECTS TO PAY COMPENSATION <br />TO THE OWNER. IF A GOVERNMENTAL AGENCY ELECTS TO PAY COMPENSATION TO THE OWNER: <br />(a) THE DISTRICT COURT THAT RENDERED THE JUDGMENT IN THE JUDICIAL PROCEEDINGS SHALL WITIIDRAWTHAT <br />PORTION OF THE JUDGMENT OR ORDER RESCINDING THE ACTION OF THE GOVERNMENTAL ENTITY; <br />(b) THE GOVERNMENTAL ENTITY SHALL PAY AS COMPENSATION TO THE OWNER THE AMOUNT OF DAMAGES AS <br />DETERMINED BY THE DISTRICT COURT PURSUANT TO SUBSECTION (4) OF THIS SECTION NOT LATER THAN SIXTY DAYS AFTER <br />THE DATE OF THE ENTRY OF JUDGMENT; AND <br /> <br />-7- <br /> <br />HB <br />