Amends TCA Title 5; Title 6; Title 7; Title 13; Title 29, Chapter 17; Title 29, Chapter 16; Title 62; Title 65 and Title 66.
ON APRIL 6, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2849, AS AMENDED. AMENDMENT #1 rewrites this bill and prohibits regional and municipal planning commissions, in exercising their platting power, from requiring an owner of private property to dedicate real property to the public, or pay money to a public entity in an amount that is determined on an individual and discretionary basis, unless there is an essential nexus between the dedication or payment and a legitimate local government interest and the dedication or payment is roughly proportional both in nature and extent to the impact of the proposed use or development of the property. An owner of private property required to make a dedication or pay money in violation of this amendment may seek relief through a common law writ of certiorari in chancery court. This amendment will not apply to an assessment, fee, or charge that is imposed on a broad class of property owners by a local government entity.
ON APRIL 6, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2849, AS AMENDED. AMENDMENT #1 rewrites this bill and prohibits regional and municipal planning commissions, in exercising their platting power, from requiring an owner of private property to dedicate real property to the public, or pay money to a public entity in an amount that is determined on an individual and discretionary basis, unless there is an essential nexus between the dedication or payment and a legitimate local government interest and the dedication or payment is roughly proportional both in nature and extent to the impact of the proposed use or development of the property. An owner of private property required to make a dedication or pay money in violation of this amendment may seek relief through a common law writ of certiorari in chancery court. This amendment will not apply to an assessment, fee, or charge that is imposed on a broad class of property owners by a local government entity.
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