Text: H03471 Text: H03473 Text: H03400 - H03499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, H-3327, to House File 166 as 1 2 follows: 1 3 #1. Page 2, by inserting after line 17 the 1 4 following: 1 5 " . "Homeowner" means a person who owns and 1 6 permanently occupies a residence that the person may 1 7 claim as a homestead under chapter 425." 1 8 #2. Page 3, by inserting after line 46 the follow- 1 9 ing: 1 10 "Sec. . NEW SECTION. 651A.7A HOMEOWNER RIGHT 1 11 OF ACTION. 1 12 1. A homeowner may commence an action in state 1 13 court in the district where the homeowner's residence 1 14 is located to recover financial compensation for any 1 15 diminution or loss in the value of the homeowner's 1 16 homestead against any person whose activity conducted 1 17 pursuant to state law has caused or significantly 1 18 contributed to the diminution or loss in value of the 1 19 homestead. In bringing such action, the homeowner 1 20 shall have the burden of demonstrating that the 1 21 activity conducted by the defendant pursuant to state 1 22 law caused a reduction in the value or use of the 1 23 homeowner's homestead. 1 24 2. A homeowner authorized to bring suit under this 1 25 section shall be entitled to recover against the 1 26 person an amount equal to the diminution or loss in 1 27 value of the homestead. Compensation for diminution 1 28 or loss in value shall be determined by the fair 1 29 market value of the homestead in the absence of the 1 30 challenged activity minus the fair market value of the 1 31 homestead reduced by the effects of the activity. The 1 32 court also may enjoin violations of any statute, rule, 1 33 or permit, the violation of which has caused or 1 34 contributed to the diminution or loss of the 1 35 homeowner's homestead value. 1 36 3. A homeowner who receives a compensation award 1 37 under this section shall be awarded reasonable 1 38 attorney's fees, including the cost of expert 1 39 witnesses and other reasonable court costs as are 1 40 necessarily incurred by the prevailing homeowner. 1 41 4. Prior to filing suit under this section, a 1 42 homeowner shall deliver a notice of intent to sue to 1 43 the person allegedly liable under this section, and to 1 44 the head of the agency implementing the law governing 1 45 the challenged activity, at least thirty days prior to 1 46 the filing of the suit. If either party requests that 1 47 the agency attempt to achieve an informal resolution 1 48 of a claim, the agency head shall convene a meeting of 1 49 the parties and use best efforts to arrive at a just 1 50 resolution of the claim in order to avoid unnecessary 2 1 litigation costs." 2 2 #3. Page 3, by inserting after line 49 the 2 3 following: 2 4 "# . Title page, line 3, by inserting after the 2 5 word "action" the following: "or other action,"." 2 6 2 7 2 8 2 9 KOENIGS of Mitchell 2 10 HF 166.507 76 2 11 da/jw
Text: H03471 Text: H03473 Text: H03400 - H03499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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