House Bill No. by Representative Spell 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. The bill stipulates that any subdivision ordinance enacted by a governing authority, planning commission, or planning administrator is subject to judicial review only on the grounds that such ordinance or act is arbitrary and capricious, which constitutes an abuse of discretion, unreasonable exercise of police powers, excessive use of granted power, or denial of due process.

Additionally, the bill specifies that judicial review will be confined to the record established before the governing authority, planning commission, or planning administrator whose decision is being appealed. It also clarifies that the right of judicial review of a subdivision ordinance is not limited by the provisions of this Subpart, and it emphasizes that no duty is imposed on parishes or municipalities for the benefit of any individual or group. The act 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:
HB446 Enrolled:
HB446 Act 277: