Bill Summary for H 652 (2011-2012)

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Summary date: 

Apr 6 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 652 (Public) Filed Wednesday, April 6, 2011
ESTABLISHING THE PROPERTY OWNERS PROTECTION ACT.
Intro. by Moffitt, Brubaker, Brawley, McComas.

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Bill summary

Enacts new Chapter 47I to the General Statutes, titled the Property Owners Protection Act. States that it is the policy of North Carolina that all statutes, ordinances, rules, and regulations affecting the free use of land will be strictly construed against the government and liberally construed in favor of the free use of land. Directs the court to award to the property owner the attorneys' fees incurred by the property owner, when the owner successfully challenges the construction, interpretation, or enforcement of a statute, ordinance, rule, or regulation that impairs the free use of land. Directs the court to award attorneys' fees incurred by the owner when the property owner or other person entitled to claim a common law vested right to complete a development project files a cause of action to establish the vested right and the court finds that the applicable governmental unit failed to fairly investigate or provide an inexpensive means to establish the vested right. Prohibits the state, state agency, or local government from enforcing a penalty, fine, or forfeiture against a property owner for an act the owner did not commit in any matter involving a land use statute, ordinance, rule, or regulation. Includes whereas clauses.
Enacts new GS 153A-348.1 and new GS 160A-394.1 to apply GS Chapter 47I to counties and cities, respectively. Makes conforming and clarifying changes to GS 160A-385, which pertains to changes made to municipal zoning ordinances.
Effective October 1, 2011.