WHEN PROPERTY OWNERS ATTACK?
From GELPI. Read about the amendments to Idaho's 1994 Regulatory Takings Act here (PDF File, 3-page analysis by Jon Barrett from Idaho Smart Growth). The amendments define regulatory takings under Idaho law quite broadly and will also require state and local agencies to prepare takings anaylses for a wide variety of zoning changes and permit and development denials. Property owners will be able to sue to invalidate regulations for which they have not received the requested takings analyses within the short time frames specified in the amendments. In addition, the amendments will limit the use of development moratoria.
I've never been to Idaho, so I have no idea what things look like on the ground there. Still, I would be wary of such laws to the extent that they seem designed to increase the cost of regulation. It's not clear to me (at least) where the resources for the analyses are supposed to come from, how expensive they will be, how often they will be requested, and what impact these laws will have on Idaho's regulatory regime. The bills note that there will be a "small fiscal impact" on local government. I guess we'll see precisely how small an impact.




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