Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

State Status

No Preemption

Legislative Summary

SB360 - (preemption re: takings) - An Act relating to regulatory takings - Session Adjourned

This bill amends the definition of "takings" to include "a series of actions within a 10 year period," and amends the scope of what may be considered a regulatory taking. This would allow property owners to sue local governments for adopting laws, like smokefree air laws, that they believe infringe on their private property rights, including "in a manner that restricts or limits the owner's right to the property that would otherwise exist in the absence of the governmental action."

  • Preemptive Action

    YES

  • Anti-Preemptive Clause

    No

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