Latest news with #HouseBill321
Yahoo
26-03-2025
- Politics
- Yahoo
Many Kentuckians will be barred from challenging land-use decisions in court unless lawmakers act
Unless lawmakers act during the next two days, an arbitrary law will take effect seeking to exclude many Kentuckians from going to circuit court to challenge a broad range of local planning and zoning decisions, including the grant or denial of a rezoning, a variance, a conditional use permit, a cell tower, a subdivision, or revision to a comprehensive plan or zoning regulations. (Getty Images) In a press release announcing the signing of 20 bills passed by the General Assembly, the governor is quoted as stating 'we've been laser focused on addressing the everyday needs of our Kentucky families and communities, and the 20 bills I signed do just that.' Unless you agree that Kentucky families and communities wake up in the morning hoping that their right to statutory judicial review of planning and zoning decisions will be disrupted by the Kentucky legislature, then the passage and signing of House Bill 321 into law were grave misjudgments. The bill as altered by a Senate committee is indeed 'laser focused,' but in a Star Wars way rather than on protecting the rights of Kentucky families and communities. In Gov. Andy Beshear's defense — and that of most of the legislators who voted on HB 321 — the last-minute insertion of the offending language was done without any meaningful public notice or opportunity to debate or study the impact in committee. Before the Senate action, the measure had been an uncontroversial and positive House bill providing additional training for local planning officials, was available. The conversion of a good bill into a direct assault on the judicial appeal rights of the public in planning and zoning matters occurred during the first of two hectic 'concurrence' days before the veto period, after one chamber had already considered and approved the bill. In the two days remaining in the 2025 regular session, the General Assembly could fix this problem by enacting changes that undo the damage caused by HB 321 and restore the statutory right to judicial review. Here's why they should. Kentucky Revised Statutes Chapter 100 involves many government decisions that can dramatically affect the quality of life in local communities with planning and zoning. It covers final actions of planning commissions, boards of adjustment, counties, and cities with zoning authority, and landmark commissions. It covers a broad range of decisions including the grant or denial of a rezoning, a variance, a conditional use permit, a cell tower, a subdivision, or revision to a comprehensive plan or zoning regulations, or adding or removing a binding element. Before HB 321, any person claiming to be injured or aggrieved by that final action could bring a suit in circuit court within 30 days of that final action seeking court review of whether the action complied with the law. HB 321 will limit that statutory appeal right to 'owners of real property within the zone where the property that is the subject of the final action is located.' Under HB 321 neighborhood associations, renters, homeowners living near properties whose zoning has been changed to commercial or industrial, groups concerned with demolition of historic properties or impacts on public parks, and others injured or aggrieved, would be barred from the statutory right to judicial review of action by local governments and their agencies on land use matters. The right to appeal government decisions on planning and zoning would be limited to persons who are injured and who own land in the same 'zone' as the property that is subject to the government action. The new limit is as arbitrary as it is offensive to the rights of homeowners, renters, neighborhood associations, and civic groups dedicated to historic preservation and parks, among others, treating their economic and other interests as if they are unworthy of protection. HB 321 is a direct affront to Kentuckians in all communities that have adopted planning and zoning. It seeks to deprive them of access to the courts where a local government decision affects their quality of life and the homes they own or rent, unless they own property in the same 'zone' as the property subject to the final action that has caused them harm. HB 321 treats renters, neighborhood associations, and civic groups like second-class citizens, shutting the door to statutory judicial review unless they 'own real property within the zone' that is the subject of the action that has caused injury. Current law requires someone seeking judicial review to be injured or aggrieved, and the new restriction would exclude everyone injured other than property owners in the same 'zone' from seeking review. HB 321 shuts the door on statutory appeals for many property owners as well. A zoning amendment case usually involves a change in the zoning classification of a property. A homeowner in a residential zone could not, under HB 321, challenge a zoning change converting residential property to a commercial or industrial zoning even if the change was next door to the homeowner's property. Many of the most controversial decisions under KRS Chapter 100 occur in the transition area from one zone to another — a landowner in a residential zone that abuts a commercial zone, or a farm owner in an agricultural zone that abuts land rezoned as industrial; yet none of these challenges could be brought under the statute as amended. HB 321 also arbitrarily links the right to judicial review to the zoning status of property owned by the person injured by the government action. Many final decisions under KRS Chapter 100 don't depend on the zoning status of property at all but nevertheless can dramatically affect the quality of life of individuals, neighborhoods and communities. Decisions such as adoption or revisions of comprehensive plans and zoning regulations; approvals of cell towers; imposition and removal of binding elements; granting or denying of conditional use permits or variances; all of these are not focused on the 'zone' and yet could be denied judicial review because of the bill's new limit to judicial appeal for landowners in the same 'zone' as the property that is the subject of the final action. If unrepaired, the message behind HB 321 will be clear — your legislature doesn't care how much a government action under planning and zoning laws may harm you or your family, your quality of life or your community, unless you own property in the same zone as the subject of that government action. No statutory right to ask a court to review the lawfulness of government action would exist when a zoning change occurs next door or down the street, if the rezoned property is no longer in the same zone. Renters, civic groups, neighborhood associations, your statutory right of appeal no longer exists. Finally, HB321 will likely prove to be an ineffective, yet disruptive, effort to chill these appeal rights of many people in communities concerned with government planning and zoning actions. Ineffective, because there is an inherent constitutional right to seek judicial review of government action, arising under Kentucky Constitution Sections 2 and 14, that cannot be abridged by the General Assembly. If HB 321 stands as law and all of those harmed by decisions under planning and zoning laws can no longer access the courts using KRS 100.347 to appeal, the inherent constitutional right of appeal will be available to assure that arbitrary government acts are held to account. The more likely impact of HB 321 will be to significantly disrupt local planning and zoning, causing harm not only to those sought to be barred by this law from appealing, but also to those seeking to develop properties. For if there is no statutory right of appeal, then the 30-day time limit in law to file such appeals will no longer be applicable, and judicial review could occur later in time. HB 321 will not result in fewer land-use appeals; instead, there will likely be the same or even more appeals, some occurring later in time with more disruption to developers, local governments and the public. The General Assembly reconvenes Thursday for two days. There is time to fix this blunder, and to restore the right of all persons injured or aggrieved by a government decision under KRS Chapter 100 to timely seek judicial review of the legality of that government action.
Yahoo
26-03-2025
- Business
- Yahoo
Governor Beshear signs 20 new bills into law in Kentucky
HENDERSON, Ky. (WEHT) — Kentucky Governor Andy Beshear has been busy. The governor has recently signed 20 bills into law, vetoed 12 and returned 4 without a signature. The governor's goal is that these bills will help Kentuckians and improve communities across the state. 'We've been laser focused on addressing the everyday needs of our Kentucky families and communities, and the 20 bills I signed do just that,' says Beshear. Below are the 20 bills Governor Beshear has signed into law: House Bill 15 lowers the age at which Kentucky drivers can obtain instructional permits from 16 to 15 years old. House Bill 45 strengthens campaign finance regulations. House Bill 315 prohibits hostile foreign governments from indirectly owning, leasing or otherwise acquiring an interest in agricultural land in the commonwealth. House Bill 321 addresses issues related to zoning map amendments. House Bill 342 requires a financial literacy course in high school. House Bill 422 makes procedural changes for how emergency regulations are administered through the Commonwealth Office of Technology. House Bill 443 makes Kentucky Highway 80 in Perry, Knot and Floyd counties part of the Hal Rogers Parkway. House Bill 537 provides clarity regarding the Opioid Abatement Fund. House Bill 682 includes cable operators and broadband providers in the definitions of 'utility' for reimbursement of costs associated with relocation of their facilities. House Bill 701 safeguards the rights of Kentuckians to use and mine cryptocurrencies. Senate Bill 27 requires the Cabinet for Health and Family Services to create and maintain a Kentucky Parkinson's Disease Research Registry. Senate Bill 68 makes several changes aligning with Kentucky Academic Standards. Additionally, it will reduce staff time costs at the Kentucky Department of Education. Senate Bill 69 creates certification through the Kentucky Board of Veterinary Examiners to license qualified candidates to work in animal chiropractic and equine dentistry. Senate Bill 129 allows governmental, quasi-governmental and nonprofit entities to purchase properties that have been placed in a tax delinquency diversion program. Senate Bill 145 changes the period of time for which delinquency charges can be collected on vehicle payment installments. Senate Bill 162 strengthens protections against unemployment fraud. Senate Bill 179 appropriates $10 million to create the Nuclear Energy Development Grant Program. The measure aligns with the state's energy strategy and new U.S. Department of Energy priorities. Senate Bill 202 creates a licensing and regulatory framework for 'intoxicating THC infused beverages' within the 3-tier system regulated by the Department of Alcoholic Beverage Control. Senate Bill 237 requires certain out-of-state peace officers, who were previously employed in another state for 10 years, to have passed a physical agility test in the state where they were certified. Senate Bill 244 establishes the Department of Child Support Services and its offices within the Office of Attorney General's Department of Law. Below are the bills Governor Beshear vetoed: House Bill 2: Beshear says this bill would prioritize tax breaks for purchasers of gold. He says this is 'out of touch with reality for most people in Kentucky. House Bill 90 restricts access to medical care, places barriers on doctors and undermines their clinical judgement, and threatens the life of pregnant women in Kentucky. House Bill 136 would force the executive branch to breach a contract with a vendor opening the government up to costly litigation funded by taxpayers. House Bill 399 criminalizes interference with a legislative proceeding which is already subject to existing laws and is therefore unnecessary. House Bill 424 would limit employment protections for educators at Kentucky's colleges and universities. House Bill 546 makes changes to the Kentucky Transportation Cabinet's Road Plan, and Beshear says this would include 'unnecessary tolling' on the I-69 Ohio River Crossing project. House Bill 566 received line-item vetoes because it prevents the Governor from being able to fulfill his duty under the Kentucky Constitution that the laws are faithfully executed by the president of the Kentucky Horse Racing and Gaming Corporation. House Bill 684 limits the forms of valid identification that may be used to allow a voter to cast a ballot, making it harder for Kentuckians to participate in the voting process. House Bill 694 breaks the promise made to Kentucky teachers in 2010 to fully fund health insurance for retirees by requiring teachers to pay a higher rate much longer than the law calls for. House Joint Resolution 30 seeks to appropriate funds through a resolution instead of through legislation. Senate Bill 28 violates the Kentucky Constitution and will lead to the disclosure of confidential information on economic development projects. Senate Bill 89 eliminates protections currently in place to prevent pollution of groundwater and flooding of creeks, streams and rivers. Below are the bills that were returned without Governor Beshear's signature: House Joint Resolution 15: Beshear aims to show respect to the 79 faith leaders who oppose the resolution. House Bill 241: Beshear says this contradicts the General Assembly's own actions and attitudes toward in-person and all-virtual learning. Senate Bill 136: Beshear says this is due to the General Assembly not providing any funding to support the bill, which would reportedly cost taxpayers $500,000. Senate Bill 201: Beshear says this is due to the requirement that administrative law judges be confirmed by the General Assembly before they can begin service. He says there is concern with not having enough administrative law judges and that members of the Senate may practice before these judges. One more veto day remains before the General Assembly reconvenes for the last two days of the 2025 regular session. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
