House committee substitute to the 1st edition makes the following changes.
Alters the proposed text of GS 160D-1425 to reference “the person with standing” instead of “the party seeking recourse” when discussing the person entitled to recover throughout the statute.
Changes language in subsection (c) to reflect that upon a finding of a local government acting in a flagrantly unfair or deceptive manner with respect to a development approval, a court will award punitive damages to the prevailing party as provided in the subsection.
LIABILITY/UNFAIR/DECEPTIVE DEVELOP. ACTIONS.
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO HOLD LOCAL GOVERNMENTS ACCOUNTABLE FOR DEVELOPMENT DECISIONS.Intro. by Brody.
Bill History:
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Thu, 10 Apr 2025 House: Filed(link is external)
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Mon, 14 Apr 2025 House: Passed 1st Reading(link is external)
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Thu, 17 Apr 2025 House: Reptd Fav(link is external)
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Thu, 17 Apr 2025 House: Re-ref Com On State and Local Government(link is external)
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Tue, 29 Apr 2025 House: Reptd Fav Com Substitute(link is external)
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Tue, 29 Apr 2025 House: Reptd Fav(link is external)
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Tue, 29 Apr 2025 House: Reptd Fav(link is external)
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Tue, 29 Apr 2025 House: Cal Pursuant Rule 36(b)(link is external)
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Tue, 29 Apr 2025 House: Cal Pursuant Rule 36(b)(link is external)
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Tue, 29 Apr 2025 House: Placed On Cal For 05/01/2025(link is external)
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Thu, 1 May 2025 House: Passed 2nd Reading(link is external)
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Thu, 1 May 2025 House: Passed 3rd Reading(link is external)
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Thu, 1 May 2025 House: Regular Message Sent To Senate(link is external)
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Mon, 5 May 2025 Senate: Regular Message Received From House(link is external)
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Mon, 5 May 2025 Senate: Regular Message Received From House(link is external)
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Mon, 5 May 2025 Senate: Passed 1st Reading(link is external)
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Mon, 5 May 2025 Senate: Passed 1st Reading(link is external)
Bill Summaries:
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Bill H 913 (2025-2026)Summary date: Apr 29 2025 - View Summary
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Bill H 913 (2025-2026)Summary date: Apr 10 2025 - View Summary
Enacts GS 160D-1425, establishing authority and requirements of courts with regard to civil actions brought against local governments under Article 14 of the Chapter for decisions made or actions taken in violation of the Chapter's zoning and development laws. Authorizes courts to allow plaintiffs to recover reasonable attorneys' fees attributed to the action, and mandates the court award such fees when plaintiffs successfully show that the local government intentionally acted in violation of the Chapter; intentionally delayed action on a development approval to cause the plaintiff to seek the civil action; or acted in a flagrantly unfair or deceptive manner with respect to the development approval with intent to cause initiation of the civil action. Mandates the award of punitive damages in an amount up to 10 times the damages (as defined) where the plaintiff successfully shows the local government acted in a flagrantly unfair or deceptive manner with respect to the development approval with intent to cause initiation of the civil action. Bars award of attorneys' fees when the court finds that the local government acted in reasonable reliance on specified court orders and judgments or opinions, decisions, and letters of the Attorney General. Applies to causes of action arising on or after October 1, 2025.