This bill amends R.S. 33:101.1 to clarify the role of planning commissions in the approval or disapproval of subdivision plats, designating this act as a legislative function that involves the exercise of legislative discretion. It specifies that the actions of the governing authority, planning commission, or planning administrator regarding subdivision ordinances are subject to judicial review only on the grounds that such actions are arbitrary and capricious, which constitutes an abuse of discretion or an unreasonable exercise of police powers. The bill also emphasizes that judicial review will be limited to the record established by the governing authority or planning commission involved in the decision being appealed.

Additionally, the bill removes the phrase "of" from the existing law and adds provisions that clarify the scope of judicial review, ensuring it is confined to the established record. It also states that nothing in this Subpart or any subdivision ordinance shall impose a duty on the parish or municipality for the benefit of any individual or group. The act will take effect upon the governor's signature or after the designated time period if not signed.

Statutes affected:
HB446 Original:
HB446 Engrossed:
HB446 Enrolled:
HB446 Act 277: