Bill Summary for H 632 (2013-2014)

Summary date: 

Apr 9 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 632 (Public) Filed Tuesday, April 9, 2013
A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE LEGISLATIVE RESEARCH COMMISSION TO STUDY ESTABLISHING A PROPERTY OWNERS PROTECTION ACT.
Intro. by Moffitt.

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Bill summary

Creates new GS Chapter 47I, Property Owners Protection Act. Establishes that it is the state's policy that all statutes, ordinances, rules, and regulations affecting the free use of land are to be strictly construed against the government and liberally construed in favor of the free use of land. Provides that in every case in which a property owner successfully challenges the construction, interpretation, or enforcement of a statute, ordinance, rule, or regulation that impairs the free use of land policy, the court must award the property owner the actual attorneys' fees incurred by the property owner. Provides that if a property owner or other person entitled to claim a common law vested right to complete a development project, notwithstanding a subsequent change of a statute, ordinance, rule, or regulation related to the development project, is required to file a cause of action to establish the vested right and the court finds that the state or an agency of the state, or the county or municipality involved failed to fairly investigate or provide an inexpensive means to establish the vested right, the court must award the property owner the actual attorneys' fees incurred in bringing the action. Prohibits the state, agency, or local government from enforcing a penalty, fine, or forfeiture against a property owner for an act not actually committed by the property owner, in any matter related to a land-use statute, ordinance, rule, or regulation.

Enacts new GS 153A-348.1 providing that the new Chapter applies to counties and new GS 160A-394 providing that the new Chapter applies to cities.

Effective October 1, 2013.

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