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NEW BILL OUTLAWS "EXACTION"
Thursday, March 23rd, 2006 -- 8:44 am
Posted by Riley Hebert-News Director


Audio - 1:34

An area State Senator is happy the Governor signed a bill that he says will protect property owners from a process called “exaction”.

Ron Brown, a Republican from Eau Claire, says he’s heard from constituents who applied for local permits, only to be told by the municipality they’d have to take down legally-placed billboards or signs.

“When people apply for a permit to put a garage up or to improve their property, county and local ordinances sometimes will say ‘you can do that if you take down this billboard’,” Brown explains. “That’s an inappropriate property taking on the part of government, without proper compensation.”

Signed by the Governor on Tuesday, SB-283 doesn’t prescribe any penalties for the practice, but does make it illegal.

“This Bill says you can not use the permit process as leverage to take personal property,” Brown says.

During public hearings on the legislation, Brown said it became clear “exaction” is being used in all corners of the state, and is typically used for aesthetic purposes.

“That seems to be the greatest reason they do it. It’s more for aesthetics than anything else. But when you want to improve something and someone owns a piece of property or have a contract right to that property, they need to be adequately compensated for giving up that contract,” Brown says.

SB 283 passed unanimously in both houses of the Legislature.

On the web:
State Sen. Ron Brown (R-Eau Claire)



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