HB 511 -- REGULATION OF PRIVATE PROPERTY

SPONSOR: Lovasco

COMMITTEE ACTION: Voted "Do Pass" by the Standing Committee on Downsizing State Government by a vote of 9 to 4. Voted "Do Pass" by the Standing Committee on Rules- Administrative Oversight by a vote of 11 to 1.

This bill prohibits the state and any political subdivision of the state from making or enforcing any statute, ordinance, or rule regarding the parking of an unlicensed motor vehicle on private property if the vehicle is wholly within the property boundaries, is parked on a surface suitable for a driveway or parking area, and is not supported by any device other than its own tires unless it is being repaired for a period not to exceed 72 hours.

The bill also prohibits the state and any political subdivision from making or enforcing any statute, ordinance, or rule, except for a statute, ordinance, or rule restricting air pollution or noise pollution, that would prohibit or penalize a noncorporate owner or renter of a private, single family residence from using the residence in a way that does not pose a clear and present danger to the health or safety of the neighbors, or would require a noncorporate owner or renter of a private residence to use the property in a way contrary to the wishes of the owner or renter.

This bill is similar to HB 2668 (2020).

PROPONENTS: Supporters say that the government should not be prohibiting people from using their single-family property as they see fit nor forcing them to use their property a certain way, unless the individual's use of the property currently causes harm to others or they are contractually obligated to through easements. The bill will place the burden on the government as to why it should restrict someone's property.

Testifying for the bill were Representative Lovasco; and Arnie Dienoff.

OPPONENTS: There was no opposition voiced to the committee.

Written testimony has been submitted for this bill. The full written testimony can be found under Testimony on the bill page on the House website.

Statutes affected:
Introduced (1252H.01): 67.405