House of Representatives

HB 2380

adverse possession

(NOW: grazing protection)

Sponsors: Representatives McClure, Cooley, Avelar, Binder, et al.

 

dp

Committee on Judiciary

DPA s/e

Committee on Counties & Municipalities

dpa

Caucus and COW

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Third Read

 

 

As Passed the House

 

HB 2380 prohibits counties from regulating or reducing existing grazing or general agricultural activities and states that that a county must provide a method to resolve landowner disputes with the county.

Current Status

HB 2380 passed the Judiciary Committee unamended. A strike-everything amendment was adopted in the Counties & Municipalities Committee that requires county plans to recognize existing water law; prohibits regulation or reduction of existing grazing or general agricultural activities and provides a method for a landowner to resolve disputes with cities and counties. The Counties & Municipalities Committee amendment was adopted by the Committee of the Whole.  The bill was further amended on the floor to remove the provisions relating to water.

 

History

Cities are required to adopt a general plan which is a municipal statement of land development policies that outlines the principals and standards for local growth. Each county board of supervisors is required to adopt a comprehensive long-term county plan.  The plans may include maps, charts or graphs.  The process for drafting, approval and administration of a city general plan is outlined in statute under Title 9, and the requirements for a county comprehensive plan are outlined in statute in Title 11.

 

Provisions:

·              Stipulates that a county plan cannot regulate or reduce existing grazing or general agricultural activities if those activities are conducted on 5 or more contiguous acres of private, state or federal land.

·              Requires counties to provide a process for a landowner to resolve disputes regarding designation of private or state trust land as open space.

 

Amendments

The strike-everything amendment was adopted in the Counties & Municipalities Committee.

The Counties & Municipalities Committee amendment was adopted by the Committee of the Whole, and amended on the floor as follows:

·              Removes the provisions relating to water.

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·              45th Legislature                       

·              Second Regular Session           2          April 6, 2002

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