Sponsor Statement for HB 154

An Act Relating to Regulatory Takings of Private Property

HB 154 would help provide relief for private citizens who have had their property "taken" through regulatory means. In many cases environmental regulations restricting the use of land have the same consequences for the property owner as a physical "taking" of the land under eminent domain, (such as for a highway) which requires compensation. I don't believe that a landowner should have to bear the costs of environmental benefits enjoyed by all citizens.

This legislation would require the Department of Law to provide guidelines to assist state agencies, municipalities, and the public to identify and evaluate government action that may result in a taking of private real or personal property. If such a taking has occurred which results in a decrease in the value of the property, this legislation would require that full compensation of reduction in value be paid to the owner of the property. It would also require that such a reduction be taken into consideration when assessing the value of the property for tax purposes.

Regulatory takings laws have been enacted in ten states and similar legislation is being proposed in eight other states. There are currently several regulatory takings measures before the U.S. Congress. HR 925, which is part of the Republican Leadership's "Contract With America", passed the U.S. House on March 3rd by a vote of 277 - 148 and is now before the Senate for consideration.

I believe that passage of HB 154 will provide the public with protection from the government of any taking of their private property without at least some form of compensation.