Abstract: Provides relative to property owner rights and establishes a "Property Owner Bill of
Rights".
Proposed law provides the legislative intent and a purpose statement for the rights and procedures
for property owners to protect their property rights.
Proposed law provides definitions for the following terms used in proposed law:
(1) Vested rights.
(2) Existing use.
(3) Governmental entity.
(4) Action of governmental entity.
(5) Inordinate burden.
(6) Property owner.
(7) Real property.
Proposed law establishes a right for property owners against a governmental entity when a
governmental entity inordinately burdens the rights of a property owner pursuant to proposed law.
Proposed law provides that property owners who have a claim shall provide written notice to all
governmental entities that have inordinately burdened their property ownership. Further requires
notice within 90 days of the inordinate burden before filing an action pursuant to proposed law.
Proposed law also requires the governmental entity to report the claim to the Office of the Attorney
General within 15 days of receiving notice of the claims of the property owner.
Proposed law provides the procedures and time delays regarding settlement agreements between a
property owner and a governmental entity. Proposed law also provides that a governmental entity
shall make a written settlement offer within the 90 day notice period or within a time stipulated with
the property owner and include the information required by proposed law.
Proposed law provides the procedures and time delays regarding litigation of a claim of a property
owner. Proposed law also provides that either the property owner or governmental entity can recover
reasonable attorney fees and court costs in certain circumstances pursuant to proposed law. Proposed
law provides that the fees and costs are to be determined by the court.
Proposed law provides for the waiver of sovereign immunity for causes of action based upon the
application of any law, regulation, or ordinance subject to proposed law only to the extent specified
in proposed law.
Proposed law establishes a Property Owner Bill of Rights which requires specific language which
shall be provided on a parish accessor's website pursuant to proposed law.
(Adds R.S. 9:1171-1180)