House committee substitute to the 1st edition makes the following changes. Amends proposed GS 40A-52 to provide that if the property owner prevails in an action instituted under (a) of the statute and is awarded compensation for the lost use of the property, the court must award reasonable attorneys' fees and costs to the property owner.
PROTECT RURAL LAND USE RIGHTS.
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| View NCGA Bill Details | 2013-2014 Session |
A BILL TO BE ENTITLED AN ACT TO PROTECT RURAL ENVIRONMENTAL AND ECONOMIC LAND USE RIGHTS BY CLARIFYING THAT OWNERS OF BONA FIDE FARMS MAY FILE A CIVIL ACTION FOR A REGULATORY TAKING IF THE OWNER CAN NO LONGER USE THE LAND FOR A BONA FIDE FARM USE.Intro. by Cleveland.
Status: Re-ref Com On Judiciary Subcommittee A (House Action) (May 1 2013)
Bill History:
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Wed, 10 Apr 2013 House: Filed
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Thu, 11 Apr 2013 House: Passed 1st Reading
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Wed, 1 May 2013 House: Reptd Fav Com Substitute
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Wed, 1 May 2013 House: Re-ref Com On Judiciary Subcommittee A
H 787
Bill Summaries:
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Bill H 787 (2013-2014)Summary date: May 1 2013 - View Summary
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Bill H 787 (2013-2014)Summary date: Apr 12 2013 - View Summary
Allows a property owner to initiate an action under GS 40A-51 to seek compensation for the lost use of the property against any condemnor listed in GS 40A-3(b) or (c), when rural property used for a bona fide farm purpose may no longer be used for that purpose in an economically viable manner due to the application of environmental regulations or other state laws or local ordinances limiting land use in order to obtain a general environmental benefit to the region where the property is located.
Applies to causes of action filed on or after the date that the act becomes law.
View: All Summaries for Bill