Bill Status of SB2153 94th General Assembly
Short Description: NEGATIVE USE RESTRICTION ACT
Sen. Martin A. Sandoval
| 1/9/2007||Senate||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Creates the Negative Use Restriction Act. Contains findings. Provides that a private agreement that purports to impose a recorded negative use restriction with a term of more than one year upon real property so as to prohibit or have the economic or practical effect of prohibiting the use of the real property for grocery store or drug store purposes after the owner or operator of a grocery store or drug store in excess of 7,500 square feet has terminated operations at the site is against public policy and is void and unenforceable. Creates an exception in the case of an owner or operator of a grocery store or drug store that terminates operations at a site for the purpose of relocating those operations into a comparable or larger grocery store or drug store located within one-half mile of the site if certain conditions are met, and permits a unit of local government that exercises zoning powers to change certain conditions under specified circumstances. Provides that a violation is a petty offense punishable by a fine of not less than $500 and not more than $1,000, and that a unit of local government may seek an injunction or other equitable relief to stop a violation. Effective immediately.
|Date||Chamber|| Action|| 11/2/2005||Senate||Filed with Secretary by Sen. Martin A. Sandoval|| 11/2/2005||Senate||First Reading|| 11/2/2005||Senate||Referred to Rules|| 1/9/2007||Senate||Session Sine Die|