HB 484: "An Act relating to state and municipal regulatory actions relating to or affecting private property; and providing for an effective date."
00 HOUSE BILL NO. 484 01 "An Act relating to state and municipal regulatory actions relating to or affecting 02 private property; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.10.030 is amended to read: 05 Sec. 09.10.030. Actions to recover real property in 10 years. Except as 06 otherwise provided under AS 34.50.130, a [A] person may not bring an action for 07 the recovery of real property [,] or for the recovery of the possession of it unless the 08 action is commenced within 10 years. An action may not be maintained for the 09 recovery unless it appears that the plaintiff, an ancestor, a predecessor, or the grantor 10 of the plaintiff was seized or possessed of the premises in question within 10 years 11 before the commencement of the action. 12 * Sec. 2. AS 34.50 is amended by adding new sections to read: 13 Article 2. State and Municipal Regulatory Actions. 14 Sec. 34.50.100. Restrictions on regulatory agency action. (a) When a state
01 or municipal regulatory agency exercises its discretion under a statute, or ordinance, 02 charter, or regulation to deny or condition a permit, certification, approval, or other 03 authorization relating to the use of private real property, the agency may not make the 04 denial or impose the condition if the denial or condition precludes an otherwise lawful 05 use of the property unless 06 (1) substantial evidence demonstrates that the denial or condition is 07 necessary to prevent significant irreparable harm to the public health, public welfare, 08 or environment; and 09 (2) the harm described in (1) of this subsection cannot be avoided or 10 adequately mitigated by restrictions that are less intrusive, limiting, or costly. 11 (b) When making a determination reasonably necessary to exercise its 12 discretion under (a) of this section, a state or municipal regulatory agency may not 13 require an applicant for a permit, certification, approval, or other authorization to 14 (1) submit information to the agency unless the information is 15 (A) personally known by or in the records of the applicant 16 when the agency requests information; or 17 (B) capable of being learned by the applicant through 18 reasonable investigation, reasonable studies, or other data collection efforts 19 that the agency is not prohibited under (2) of this subsection from requiring the 20 applicant to undertake; 21 (2) undertake or pay for investigations, reports, or other data collection 22 efforts if the sole purpose of the data collection efforts is to assess speculative or 23 insignificant effects of the permit, certification, approval, or other authorization. 24 Sec. 34.50.110. Full compensation required. (a) When a state or municipal 25 regulatory agency exercises its discretion under a statute, ordinance, charter, or 26 regulation to deny or condition a permit, certification, approval, or other authorization 27 relating to the use of private real property, the agency may not make the denial or 28 impose the condition if the denial or imposition of the condition results in a taking of 29 private property unless the agency pays full compensation for the taking to the owner 30 of the private property. 31 (b) Interest at three and one-half percent above the annual rate charged
01 member banks for advances by the 12th Federal Reserve District on the date of the 02 taking shall be paid on the full compensation, from the date of the taking until the 03 compensation is paid in full. 04 (c) An owner claiming compensation for a taking under this section is not 05 required to exhaust available administrative or judicial appeal before claiming the 06 compensation. 07 (d) This section may not be construed as diminishing in any way the rights of 08 private property owners under the constitution and laws of the state and the United 09 States. 10 Sec. 34.50.120. Waiver prohibited. A state or municipal regulatory agency 11 may not require the owner of private real property to waive the compensation required 12 by AS 34.50.110 in order to obtain the agency's issuance of a permit, certification, 13 approval, or other authorization relating to the use of private real property. 14 Sec. 34.50.130. Time for bringing action. (a) Notwithstanding AS 09.10, an 15 owner of private property may not commence a civil action for a taking under 16 AS 34.50.110 unless the action is commenced within three years after the date of the 17 taking. 18 (b) The three-year period in which to commence an action under this section 19 does not begin to run on the date of the taking if the state or municipal regulatory 20 agency fails to give, under the statutes, regulations, charter, or ordinances applicable 21 to the notice, the owner or applicant proper notice of the agency's final decision. 22 (c) If an agency fails to give proper notice of its final decision under (b) of this 23 section, the period in which to commence an action under (a) of this section does not 24 begin to run until the owner or applicant actually receives the notice required by (b) of 25 this section. 26 (d) If an owner or applicant pursues an administrative appeal or a judicial 27 appeal of the agency's decision, the period in which to commence an action does not 28 run while the appeal is pending. 29 Sec. 34.50.140. Exception. AS 34.50.100 - 34.50.190 do not apply to a 30 situation covered by AS 09.55.240 - 09.55.460, AS 29.35.030, or AS 38.05.130. 31 Sec. 34.50.150. Regulations prohibited. A state or municipal regulatory
01 agency may not adopt regulations or ordinances to implement AS 34.50.100 - 02 34.50.190. 03 Sec. 34.50.190. Definitions. In AS 34.50.100 - 34.50.190, unless the context 04 clearly requires otherwise, 05 (1) "applicant" means a person, or a person's representative or agent, 06 who applies directly or indirectly to a state or municipal regulatory agency for a 07 permit, certification, approval, or other authorization relating to the use of private real 08 property; 09 (2) "date of the taking" is the date when the decision of the state or 10 municipal regulatory agency that results in the taking becomes final; 11 (3) "full compensation" means the monetary value of the reduction in 12 the fair market value of private property or of an interest in private property; 13 (4) "owner" means the holder of a legally protectable interest in private 14 property, including the grantee of an easement, lease, use authorization, or other 15 interest amounting to less than fee simple ownership; 16 (5) "private property" means real or personal property that is not 17 owned by the state, a municipality, or the federal government; in this paragraph, 18 "personal property" means tangible property other than real property, and includes 19 merchandise, stock-in-trade, machinery, equipment, furniture, fixtures, vehicles, boats, 20 and aircraft; 21 (6) "private real property" means private property that is real property; 22 in this paragraph, "real property" includes land, improvements to land, proprietary 23 water rights, and crops; 24 (7) "state or municipal regulatory agency" means 25 (A) a department, institution, board, commission, division, 26 authority, public corporation, or other administrative unit of the executive 27 branch of state government authorized by the constitution or statutes of the 28 state to make decisions or recommendations regarding whether a permit, 29 certification, approval, or other authorization relating to the use of real 30 property is approved; 31 (B) a department, institution, board, commission, division, or
01 other administrative unit of a municipality authorized by a regulation or statute 02 of the state or an ordinance or charter of the municipality to make decisions or 03 recommendations regarding whether a permit, certification, approval, or other 04 authorization relating to the use of real property is approved; 05 (8) "taking" means 06 (A) eliminating all practical economically viable uses of the 07 property, the portion of the property proposed for use under the requested 08 authorization, or the owner's or applicant's interest in the property; or 09 (B) reducing, by more than 30 percent the fair market value of 10 the property, the portion of the property proposed for use under the requested 11 authorization, or the owner's or applicant's interest in the property. 12 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 SEVERABILITY CLAUSE. Under AS 01.10.030, if a provision of this Act or the 15 application of this Act to a person or circumstance is held to be invalid, the remainder of this 16 Act and the application of this Act to other persons or circumstances is not affected. 17 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 NO RETROACTIVE EFFECT. This Act does not apply to statutes, regulations, 20 charter provisions, or ordinances that are in effect on the day before the effective date of this 21 Act. 22 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).