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Bill Summary Details

Governmental Actions Affecting Private Property Rights (Oppose) 

CS/CS/HB 421 (Tuck) and CS/SB 1876 (Albritton) amend the Bert J. Harris, Jr., Private Property Rights Protection Act by shortening the review period governments have in responding to claims from 150 to 90 days. The bills create the presumption that certain Bert Harris settlement offers are in the public interest. The bills create a process by which a property owner can notify a government entity that they believe a new law or regulation imposes a limitation on their property. The government entity would have 45 days to respond in writing describing what limitations are imposed on the property by the new law or regulation. At this point, the Bert Harris claim would be ripe for filing without the property owner being denied an application for development if filed within one year after receiving the response from the government entity. The bills give the property owner the option to forgo a jury trial and instead have a bench trial. Lastly, the legislation amends the attorney fee provisions of the Bert Harris Act by making them more favorable to the property owner. The bills were amended to add the subject of HB 1101 and SB 1380, creating one vehicle for all Bert Harris Legislation. CS/CS/HB 421 passed the House (90-29) and is awaiting action by the Senate. (Cruz)