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90_SB1112
New Act
Creates the Regulatory Impacts Act. Allows the owner of
property to sue the State or any unit of local government or
school district when the application of any statute, rule,
guideline, or policy or the denial of any permit, license,
authorization, or government permission causes the property
to diminish in value 50% or more. Provides the owner may
recover an amount equal to the diminution in value. Allows
any person who has an interest that is or may be adversely
affected by a statute, rule, guideline, or policy or any
provision or condition of a permit, license, authorization,
or governmental permission to bring a civil action to
invalidate the statute, rule, guideline, or policy or
provision or condition of the permit, license, authorization,
or governmental permission. Allows the court to award costs,
including attorneys' fees, to a prevailing plaintiff.
SRS90S0047PMch
SRS90S0047PMch
1 AN ACT concerning regulatory impacts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Regulatory Impacts Act.
6 Section 5. Definitions. In this Act:
7 "Diminution in value of 50% or more" means a 50%
8 reduction in the fair market value of the property subject to
9 the statute, rule, guideline, or policy or to the denial of
10 any permit, license, authorization, or governmental
11 permission.
12 "Inverse condemnation" means a suit against the
13 government to recover money damages equal to the diminution
14 in the fair market value of the property.
15 "Owner" means the owner of property at the time the
16 statute, rule, guideline, or policy was passed, or owner at
17 the time that the permit, license, authorization, or
18 governmental permission was denied.
19 Section 10. Dimunition in value. The owner of any
20 property may sue the State or any unit of local government or
21 school district whenever the application of a statute, rule,
22 guideline, or policy to a parcel of property, or the denial
23 of any permit, license, authorization, or governmental
24 permission of any kind causes a diminution in value of the
25 property of 50% or more.
26 This suit may be filed in the circuit court and the owner
27 shall be entitled to a trial by jury. In the suit, the owner
28 may recover either (1) a sum equal to the diminution in value
29 of the property and retain title to the property or (2) the
30 entire fair market value of the property prior to the
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1 diminution in value of 50% or more and transfer title to the
2 government upon payment of the fair market value. If the
3 statute, rule, guideline, or policy is rescinded, or if the
4 permit, license, authorization, or governmental permission is
5 granted, prior to final judgment, then the owner shall be
6 entitled to recover in the pending action reasonable and
7 necessary costs incurred to that date, together with any
8 economic losses sustained by reason of the acts giving rise
9 to the diminution in value.
10 No compensation shall be required by virtue of this Act
11 if the owner's use or proposed use of the property amounts to
12 a public nuisance as commonly understood and defined by
13 background principals of nuisance and property law. The
14 government bears the burden of proof with respect to this
15 affirmative defense.
16 Section 15. Invalidation. Any person may commence a
17 civil action on his or her own behalf against the State or
18 any unit of local government or school district to invalidate
19 any statute, rule, guideline, or policy, or to invalidate any
20 provision or condition of any permit, license, authorization,
21 or governmental permission, that does not substantially
22 advance its stated purpose. The circuit court shall have
23 exclusive jurisdiction over these actions, and these actions
24 may be pleaded in the alternative in a complaint containing a
25 cause of action contained in Section 10.
26 "Person" for purposes of this Section means a person or
27 persons having an interest that is or may be adversely
28 affected by the statute, rule, guideline, or policy or by the
29 provision or condition of any permit, license, authorization,
30 or governmental permission.
31 A suit for invalidation shall be ripe for adjudication
32 upon the enactment of the statute, rule, guideline, or policy
33 or the imposition of any provision or condition of any
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1 permit, license, authorization, or governmental permission to
2 any parcel of property.
3 Section 20. Application; statute of limitations.
4 (a) This Act applies to statutes, rules, guidelines, or
5 policies as well as to any provision or condition of any
6 permit, license, authorization, or governmental permission in
7 effect at the time of enactment of this Act or hereinafter
8 enacted.
9 (b) The statute of limitations for actions brought
10 pursuant to this Act is 6 years from the enactment of any
11 statute, rule, guideline, or policy, or the denial of any
12 permit, license, authorization, or governmental permission by
13 the government.
14 Section 25. Award of costs. The court, in issuing any
15 final order in any action brought under this Act, shall award
16 costs, including reasonable attorney fees, to any prevailing
17 or substantially prevailing plaintiff.
18 Section 30. Constitutional or statutory rights not
19 restricted. Nothing in this Act restricts any remedy or any
20 right that any person or class of persons may have under any
21 provision of the Illinois or United States Constitution or
22 statutes or laws of this State or the United States.