House Bill No. by Representative Lyons seeks to enhance the protection of private property owners in Louisiana against governmental actions that may impose excessive burdens on their property rights. The bill introduces a new chapter in the Louisiana Revised Statutes titled "Private Ownership Protection," which defines key terms such as "vested rights," "existing use," and "inordinate burden." It establishes a procedure for property owners to present claims to governmental entities within ninety days of an adverse action, requiring them to provide a written appraisal report to support their claims. The bill mandates that governmental entities respond with a settlement offer during the notice period, which may include adjustments to land use regulations or compensation.
Additionally, the bill outlines the legal recourse available to property owners if a settlement is not reached, allowing them to pursue litigation where the court will determine compensation based on the loss in fair market value. It also includes provisions for the recovery of attorney fees and costs for successful property owners, while allowing governmental entities to recover costs if they prevail and the property owner did not accept a reasonable settlement offer. The legislation aims to create a clear framework for property owners to protect their rights and address grievances with governmental entities, while also waiving sovereign immunity for specific causes of action related to the application of laws, regulations, or ordinances specified within the bill.