WHEREAS, [Insert reference to Declaration of Rights provision of State Constitution, specifically reference to property rights]; and  

WHEREAS, the Legislature recognizes that government increasingly relies on regulations that consume or otherwise negatively impact the use of private property; and  

WHEREAS, the Legislature is the proper branch of government to establish policies and principles related to property within the context of the provisions provided in [State Constitution].  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [STATE]:  

Section 1. Short title. [Sections 1 through 6] may be cited as the “Private Property Restoration Act.”  

Section 2. Findings and intent.  

(1) The legislature has the highest interest in vindicating and protecting private property rights.  

(2) The legislature finds that the [Insert State Constitutional Provision] embodies the notion of the fundamental right to use property, including the use of property for financial gain or benefit.  

(3) The legislature’s intent is to ensure that property use restrictions are limited to those demonstrably necessary and narrowly tailored to fulfill a compelling governmental interest.  

Section 3. Definitions. As used in [sections 1 through 6], unless the context or subject matter clearly requires otherwise, the following definitions apply:  

(1) “Compelling governmental interest” means a governmental interest of the highest order that cannot be achieved through less restrictive means. 

(2) “Governmental entity” means any unit of state or local government, including but not limited to a state agency, county, city, town, consolidated city-county, or political subdivision of the state

(3) “Nuisance” means persistent activity that injures the physical condition of adjacent land or interferes with its use, or which is injurious to health or safety, or which is objectively offensive to the senses.  

(4) “Private property” means real property that is owned by a private person or private entity.  

(5) “Property use restriction” means any law, ordinance, resolution, regulation, rule, policy, condition, test, permit, or other administrative action that restricts the use and enjoyment of private property by the property owner or others in lawful possession.  

Section 4. Limitations on property use restrictions – exceptions. 

(1) Except as provided in subsection (2), any property use restriction enacted by a governmental entity must be limited to those demonstrably necessary and narrowly tailored to fulfill a compelling governmental interest.  

(2) [Sections 1 through 6] do not apply to:  

• (a) actions that prevent or abate nuisances  
• (b) the enforcement of the terms of a license, permit, or authorization, including requirements imposed by federal law, but do apply to the conditions of receiving a license, permit, or authorization;  
• (c) a government enforcement action that is the result of a final, nonappealable judicial determination;  
• (d) a restrictive covenant entered into between private parties, unless the implementation or adoption of the restrictive covenant was required by a governmental entity.  

Section 5. Enforcement.   

(1) An owner of private property that is the subject of a property use restriction in violation of [section 4] may file an action in a court of competent jurisdiction to challenge the property use restriction.  

(2) The plaintiff shall prevail in an action filed under this section unless the Private Property Restoration Act governmental entity demonstrates to the court that: 

• (a)the property use restriction is demonstrably necessary and narrowly tailored to fulfill a compelling governmental interest; 
•  (b) the property use restriction is the least restrictive means to achieve the stated purpose of the restriction; and  
•  (c) reasonable alternatives could not achieve the stated interest of the governmental entity.  

(3) If a plaintiff prevails under subsection (2), the court shall permanently enjoin further enforcement of the property use restriction and shall award reasonable attorney fees and costs. 

(4) Nothing in this section supersedes or preempts any existing cause of action that a person may have under the [State] or United States Constitutions, any statute, or common law.  

Section 6. Statute of limitation. The period prescribed for the commencement of an action allowed under [section 5] is 5 years from the date a person becomes aware of, or reasonably may have become aware of, the cause of action having accrued.  

Section 7. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.  

Section 8. Effective date. [This act] is effective on passage and approval.  

Section 9. Applicability. [This act] applies property use restrictions enacted or established on or after [the effective date of this act]