House Bill No. 446, introduced by Representative Spell, amends R.S. 33:101.1 to clarify the judicial review process for local subdivision ordinances and actions taken by governing authorities, planning commissions, or planning administrators. The bill establishes that the approval or disapproval of subdivision plats is a legislative function that involves the exercise of discretion by planning commissions. It specifies that judicial review of these ordinances or acts will be limited to determining whether they are arbitrary and capricious, thereby constituting an abuse of discretion, rather than allowing for broader grounds such as unreasonable exercise of police powers or denial of due process.

Additionally, the bill stipulates that judicial review will be confined to the record established before the governing authority, planning commission, or planning administrator whose decision is being appealed. This change aims to streamline the review process and clarify the standards under which local land use decisions can be challenged. The bill will take effect upon the governor's signature or after the expiration of the time for bills to become law without signature.

Statutes affected:
HB446 Original:
HB446 Engrossed: