House Bill No. by Representative Lyons seeks to enhance the protection of private property owners in Louisiana from governmental actions that may impose excessive burdens on their property rights. The bill introduces a new chapter titled "Private Ownership Protection," which defines key terms such as "vested rights," "existing use," and "inordinate burden." It establishes a framework for property owners to seek relief or compensation when governmental actions significantly diminish the fair market value of their property. Property owners are required to notify relevant governmental entities of any perceived burdens within 90 days before filing a claim, and governmental entities must report these claims to the Office of the Attorney General within 15 days of receiving notice.
The legislation outlines the claims process, including the submission of a written appraisal report and the requirement for governmental entities to make settlement offers within a specified timeframe. It allows property owners to recover attorney fees and costs if they prevail in court, while also permitting governmental entities to recover costs if they win and the property owner did not accept a reasonable settlement offer. Additionally, the bill waives sovereign immunity for causes of action related to the application of laws, regulations, or ordinances as specified, ensuring that property owners are informed of their rights and the implications of governmental actions on their property.