Dearborn County Commissioner Jeff Hughes has proposed a new county ordinance to provide property owners with recourse against actions by county agencies that may reduce the value of private property. At the regular meeting of the Board of Commissioners on April 19, 2011, Commissioner Hughes declared that “we have lost track of the property rights of private citizens,” and requested that his proposed ordinance be published and discussed. This ordinance will be reviewed by the Commissioners and the County’s Planning and Zoning Department at a future joint meeting. The full text of the proposed ordinance is:

 

                “If a county entity enacts or enforces a new land regulation or enforces a land use regulation enacted prior to the effective date of this ordinance that restricts the use of private real property or any interest therein and has the effect of reducing the fair market value of the property, or any interest therein, then the owner of the property shall be paid just compensation.

 

                Just compensation shall be equal to the reduction in the fair market value of the affected property interest resulting from enactment or enforcement of the land use regulation as of the date the owner makes written demand for compensation under this act.

 

                Exceptions of this ordinance shall not apply to land use regulations:

1.       Restricting or prohibiting activities commonly and historically recognized as public nuisances.

2.       Restricting or prohibiting activities for the protection of public health and safety, such as fire and building codes, health and sanitation regulations, solid or hazardous waste regulations, water drainage regulations, and pollution control regulations.

3.       Enacted prior to the date of acquisition of the property by the owner upon the subject property.

4.       Pertaining to any state or federal regulations.

 

Just compensation under this ordinance shall be due the owner of the property if the land use regulation continues to be enforced against the property 180 days after the owner of the property makes written demand for compensation to the county entity enacting or enforcing the land use regulation.

 

                In substitute of just compensation under this ordinance, the governing body responsible for enacting the regulation may modify, remove or not enforce the regulation.

 

                This ordinance is in no manner intended to nullify or be subject to any federal or state regulations.”

 

                Citizens who wish to discuss this proposed ordinance with Commissioner Hughes may contact him at jhughes@dearborncounty.in.gov.