Submitted by Commissioner Jeff Hughes at the April 19th Commissioners meeting for discussion.

PRIVATE REAL PROPERTY RIGHTS PRESERVATION ORDINANCE

If a county enacts or enforces a new land regulation or enforces a land use regulation enacted prior to the effective date of this ordinance that restricts the use of private real property or any interest therein and has the effect of reducing the fair market value of the property, or any interest therein, then the owner of the property shall be paid just compensation.

Just compensation shall be equal to the reduction in the fair market value of the affected property interest resulting from enactment or enforcement of the land use regulation as of the date the owner makes written demands for compensation under this act.

Exceptions of this ordinance shall not apply to land use regulations:

1) Restricting or prohibiting activities commonly and historically recognized as pubic (correction added- public) nuisances.
2) Restricting or prohibiting activities for the protection of public health and safety, such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, water drainage regulation, and pollution control regulations.
3) Enacted prior to the date of acquisition of the property by the owner upon the subject property.
4) Pertaining to any state or federal regulations.

Just compensation under this ordinance shall be due the owner of the property if the land use regulation continues to be enforced against the property 180 days after the owner of the property makes written demand for compensation to the county entity enacting or enforcing the land use regulation.

In substitute of just compensation under this ordinance, the governing body responsible for enacting the regulation may modify, remove or not enforce the regulation.

This ordinance is in no manner intended to nullify or be subject to any federal or state regulations.

[NOTE: At the April 19th Commissioner's meeting Mr. Hughes wanted the public to be able to comment on this idea.]