Bill > H1358

This bill aims to protect private property owners from government actions that could amount to a "taking," which is defined as an uncompensated damaging or deprivation of property that violates constitutional rights. It introduces new definitions for "policies that have constitutional implications," which are regulations, laws, or other restrictions that could affect private property without due process, excluding formal eminent domain actions or property seizures in criminal proceedings, and "private property," referring to real property protected by federal and state constitutions. The bill mandates that the Attorney General develop and annually update a checklist and guidelines by December 31, 2011, to help government agencies identify and evaluate such policies. Agencies proposing these policies must designate officials to ensure compliance, conduct a "constitutional impact assessment" analyzing the policy's effect on private property, explore alternatives, and estimate compensation costs. This assessment must be reviewed by the Secretary of Administration and Finance and legislative committees before implementation. Furthermore, if a property owner successfully proves an unconstitutional taking, they will be awarded reasonable costs and attorney's fees, and the impact of such policies on property value will be reflected in tax assessments.