To amend chapter 523, RSMo, by adding thereto four new sections relating to private property rights.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Chapter 523, RSMo, is amended by adding thereto four new sections, to be known as sections 523.105, 523.110, 523.115 and 523.120, to read as follows:

523.105. 1. Sections 523.105 to 523.120 of this act shall be known and may be cited as the "Private Property Rights Restoration Act".

2. The owner of any real property shall have a cause of action against the state of Missouri or any political subdivision if:

(1) The application of a statute, regulation, rule, ordinance, or order of the state of Missouri or any political subdivision would restrict, limit, or otherwise infringe upon a right to real property that would otherwise exist in the absence of such application; and

(2) Such application of a statute, regulation, rule, ordinance, or order would result in a discrete and non-negligible reduction in the fair market value of the affected portion of real property.

3. No cause of action shall be maintained against:

(1) Any city, town, village, county or township in this state that restricts, limits, or otherwise infringes upon a right to real property pursuant to any zoning regulation authorized by state law;

(2) The state of Missouri, for any tax lien enforceable upon such real property pursuant to subsection 2 of section 137.085, RSMo.

4. A prima facie case against the state of Missouri or any political subdivision shall be established if the government action described under subsection 2 of this section results in a temporary or permanent diminution of fair market value of the affected portion of real property of the lesser of:

(1) Twenty-five percent or more; or

(2) Ten thousand dollars or more.

5. A cause of action under sections 523.105 to 523.120 of this act shall be filed in the circuit court in the county where such property is located.

6. In any action filed under sections 523.105 to 523.120 of this act, the owner may elect to recover:

(1) A sum equal to the diminution in the fair market value of the portion of the property affected by the application of a statute, regulation, rule, ordinance, or order and retain title; or

(2) The fair market value of the affected portion of the property prior to the application of the statute, regulation, rule, ordinance, or order and relinquish title to the affected portion of property.

7. (1) No compensation shall be required by virtue of sections 523.105 to 523.120 of this act if the owner's use or proposed use of the property amounts to a public nuisance under the laws of the state of Missouri or any political subdivision.

(2) To bar an award of damages under sections 523.105 to 523.120 of this act, the state or a political subdivision shall have the burden of proof to establish that the use or proposed use of the property is a public nuisance.

523.110. 1. Sections 523.105 to 523.120 of this act shall apply to the application of any statute, regulation, rule, ordinance, or order to real property, except pursuant to a zoning ordinance authorized by state law, if such application occurred or occurs on or after August 28, 1995.

2. The statute of limitations for actions brought under sections 523.105 to 523.120 of this act shall be six years from the application of any statute, regulation, rule, ordinance, or order of the state of Missouri or any political subdivision to any affected parcel of property under sections 523.105 to 523.120 of this act.

523.115. 1. The court, in issuing any final order in any action brought under sections 523.105 to 523.120 of this act, shall award costs of litigation, including but not limited to reasonable attorney and expert witness fees, to any prevailing plaintiff.

2. All awards or judgments for plaintiff, including recovery for damages and costs of litigation, shall be paid out of funds of the state agency or agencies or political subdivision responsible for issuing the statute, regulation, rule, ordinance, or order affecting the reduction in the fair market value of the affected portion of property. Payments shall not be made from a judgment fund.

523.120. Nothing in sections 523.105 to 523.120 of this act shall restrict any remedy or any right which any person, or class of persons, may have under any provision of any other law.