5. Exemptions.__Exempted from this section are land use regulations that:

A.__Restrict or prohibit activities recognized as public nuisances under the common law;

B.__Protect public health and safety such as fire, life safety and building codes, health and sanitation regulations, solid and hazardous waste regulations and pollution control regulations;

C.__Are required to comply with federal law;

D.__Restrict or prohibit the selling of pornography or nude dancing; and

E.__Were enacted before the owner acquired the property or, if the owner inherited the property from a family member, the family member acquired the property.

The exemptions in this subsection must be construed narrowly in favor of compensation of the property owner.

SUMMARY

This bill allows a property owner to seek just compensation from a municipality or the State if the municipality or the State enforces a land use regulation that restricts the use of or reduces the value of private real property. To receive just compensation, the property owner must file a written demand with the municipality or the State within 2 years of the enactment of this Act or the enforcement of the regulation, whichever comes later. If the municipality or State is still enforcing the regulation 180 days after the written demand was made, the municipality or State owes the property owner just compensation in the amount of the reduction in value of the property at the time the written demand was made. A municipality or the State must either pay the demand or remove, modify or not enforce the land use regulation within 180 days after demand is made. If the property owner does not receive just compensation and the regulation is still being enforced 180 days after written demand was made, the owner may file a cause of action in District Court and receive attorney's fees, costs and disbursements. If after 2 years the property owner does not receive just compensation, the owner may use the property as permitted when the owner acquired the property. This bill does not apply to regulations that