Full Text of SB1460 100th General Assembly
SB1460sam001 100TH GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 3/10/2017
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| 1 | | AMENDMENT TO SENATE BILL 1460
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1460 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Limitations on Negative Use Restrictions Act. | 6 | | Section 5. Purpose. The purpose of this Act is to prohibit | 7 | | negative use restrictions that cause retail space to remain | 8 | | vacant, resulting in decreased property values, blight, loss of | 9 | | tax revenue, and lack of access to grocery stores, drug stores, | 10 | | discount stores, and other retailers. | 11 | | Section 10. Prohibition against negative use restrictions. | 12 | | (a) As used in this Act, "negative use restriction" means a | 13 | | restrictive covenant or deed restriction recorded against real | 14 | | property or any lease or other written agreement that prohibits | 15 | | or has the economic or practical effect of prohibiting the use |
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| 1 | | of the real property as a grocery store, drug store, discount | 2 | | store, warehouse club, home improvement store, or any other | 3 | | retail store after an owner or operator of a grocery store, | 4 | | drug store, discount store, warehouse club, home improvement | 5 | | store, or any other retail store has terminated operations at | 6 | | the site. | 7 | | (b) A negative use restriction upon real property is | 8 | | against public policy, void, and unenforceable, and is subject | 9 | | to the unit of local government's remedial and enforcement | 10 | | powers under any local zoning ordinance and the laws of this | 11 | | State, if: | 12 | | (1) the negative use restriction prevents the use of | 13 | | the property for grocery store, drug store, discount store, | 14 | | warehouse club, home improvement store, or any other retail | 15 | | store purposes; | 16 | | (2) the negative use restriction applies after a | 17 | | grocery store, drug store, discount store, warehouse club, | 18 | | home improvement store, or any other retail store owner or | 19 | | operator has terminated operations at the site and the use | 20 | | is otherwise permitted, including as a special use, under | 21 | | local zoning ordinances; | 22 | | (3) the negative use restriction has a term of more | 23 | | than one year; and | 24 | | (4) the site of the grocery store, drug store, discount | 25 | | store, warehouse club, home improvement store, or other | 26 | | retail store has in excess of 7,500 square feet of floor |
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| 1 | | space.
| 2 | | (c) A current owner of a site that is subject to a negative | 3 | | use restriction has the right to seek an injunction or other | 4 | | remedy from the circuit court.
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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