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Title XXXVI STATUTORY ACTIONS AND TORTS

  Chapter 536back to chapter 536

  536.017.  Taking of private property defined — proposed rules require takings analysis, when, purpose, procedure — rule invalid, when — exceptions. — For purposes of this section, "taking of private property" shall mean an activity wherein private property is taken such that compensation to the owner of the property is required by the fifth and fourteenth amendments to the Constitution of the United States or any other similar or applicable law of this state.  No department or agency shall transmit a proposed rule or regulation which limits or affects the use of real property to the secretary of state until a takings analysis has occurred.  The takings analysis shall evaluate whether the proposed rule or regulation on its face constitutes a taking of real property under relevant state and federal law.  The department or agency shall certify in the transmittal letter to the secretary of state that a takings analysis has occurred.  Any rule that does not comply with this section shall be invalid and the secretary of state shall not publish the rule.  A takings analysis shall not be necessary where the rule or regulation is being promulgated on an emergency basis, where the rule or regulation is federally mandated, or where the rule or regulation substantially codifies existing federal or state law.

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(L. 1994 H.B. 1099 §§ 536.017, B merged with S.B. 558, A.L. 1997 H.B. 88, A.L. 1998 S.B. 900)


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