13:9A-6 - Complaint by landowner affected by order; recordation of finding
13:9A-6. Complaint by landowner affected by order; recordation of finding
Any person having a recorded interest in land affected by any such order or permit, may, within 90 days after receiving notice thereof, file a complaint in the Superior Court to determine whether such order or permit so restricts or otherwise affects the use of his property as to deprive him of the practical use thereof and is therefore an unreasonable exercise of the police power because the order or permit constitutes the equivalent of a taking without compensation. If the court finds the order or permit to be an unreasonable exercise of the police power, the court shall enter a finding that such order or permit shall not apply to the land of the plaintiff; provided, however, that such finding shall not affect any other land than that of the plaintiff. Any party to the suit may cause a copy of such finding to be recorded forthwith in the office of the county clerk or register of deeds, where it shall be indexed and filed as a judgment.
The method provided in this section for the determination of the issue shall be exclusive, and such issue shall not be determined in any other proceeding.
L.1970, c. 272, s. 6, eff. Nov. 5, 1970.