Introduced House Bill (H)

Authored by

DIGEST

Protection of private property. Allows an owner of real property or a person with a vested right to a specific use of real property to seek compensation from a governmental entity if a specific action taken by the governmental entity inordinately burdened an existing use of the real property or a vested right to a specific use of the real property. Provides that statutes: (1) providing immunity from tort liability for governmental entities and employees when the loss occurs under certain circumstances; and (2) prohibiting the award of punitive damages against governmental entities and employees acting within the scope of Protection of private property. Allows an owner of real property or a person with a vested right to a specific use of real property to seek compensation from a governmental entity if a specific action taken by the governmental entity inordinately burdened an existing use of the real property or a vested right to a specific use of the real property. Provides that statutes: (1) providing immunity from tort liability for governmental entities and employees when the loss occurs under certain circumstances; and (2) prohibiting the award of punitive damages against governmental entities and employees acting within the scope of their employment; do not apply to claims for inordinately burdening use of real property. Requires a property owner, before filing an action, to submit to the governmental entity the property owner's claim and an appraisal that supports the claim and demonstrates the loss in fair market value to the real property. Requires a governmental entity to which a property owner's claim is submitted to make a written settlement offer to the property owner and to issue a written statement identifying the property's allowable uses. Authorizes the property owner to file a civil action for compensation in the circuit or superior court of the county in which the real property is located, if the property owner rejects the settlement offer. Requires the court to determine whether an existing use of the real property or a vested right to a specific use of the real property existed and, if so, whether the governmental entity inordinately burdened that use or vested right. Specifies that if the court's determination is in the property owner's favor, the court shall impanel a jury to determine the total amount of compensation to the property owner for the loss in value due to the inordinate burden. Provides for an award of reasonable costs and attorney's fees under certain circumstances. ... View more