4.__Exemption for regulation of noxious or harmful uses.__ Purchase or compensation is not required under this Act if the regulation is an exercise of the police power to prevent property use that is noxious or poses demonstrable harm to the health and safety of the public.__A use is considered a noxious use only if it amounts to a public nuisance in fact.__Determination by a governmental unit that a use is noxious or poses a demonstrable harm to public health and safety is not binding on the court.__ Review of that determination must be de novo.

§844.__Statute of limitations

1.__Injuries to real property.__The statute of limitations for actions brought pursuant to this Act is the statute of limitations for civil actions for injuries to real property.__The statute of limitations begins to run when a final administrative decision is issued affecting that property, except that, if passage of the regulation alone reduces the fair market value of real property to less than 50% of its preregulatory fair market value without further governmental action and the regulation contains no provision for relief from the regulation's operation, the statute of limitations begins to run on the date the regulation becomes effective.

2.__Application.__This Act applies to regulations that are applied or that become effective after the effective date of this Act and to the application of regulations in effect on the effective date of this Act.

§845.__Waiver as condition to approval prohibited

A governmental unit may not make waiver of the provisions of this Act a condition for approval of the use of real property or the issuance of any permit.__A person may accept an approval of use or a permit granted by a governmental unit without compromising rights under this Act if:

1.__Rights in writing.__The person reserves the rights in writing at the time of acceptance of an authorization or permit; or

2.__Oral statement.__The person makes an oral statement reserving the rights before the governmental unit granting the authorization or permit at a public meeting at which the governmental unit renders its decision.

§846.__Legal challenges

This Act does not preclude a property owner from challenging a regulation affected by this Act under any other law or constitutional provision.

§847.__Application

This Act applies to implementations of regulations occurring on or after the effective date of this chapter.

SUMMARY

This bill requires the State and its political subdivisions to pay property owners when state or local regulations lower the owner's property value by more than 50%.