Requiring Bonds by Community Groups Appealing Development Decisions

House Bill Number: 

HB 72 would essentially bar the ability of any person or group to appeal a Circuit Court decision on a development or zoning issue unless that person or group posted an appeal bond covering all potential loss to the developer for the delay.

Here's an analysis of HB 72 from the Kentucky Resources Council.

HB 72 passed the House on February 14 by a 63 to 32 vote. See how House members voted HERE.

Bill Sponsor(s): 
Rep. Jerry Miller

KFTC's platform supports fighting to create a just economy that sustains communities, families and individuals, promotes health, protects resources for the future, and supports social investment that eliminates structural poverty. We support communities that value socio-economic diversity.

This is a complicated bill. On the one hand, the bill would require a neighborhood group, for example, to post a bond if it wanted to try to delay, through litigation, the construction of an affordable housing development. On the other hand, if a community group wants to stop an industrial construction project that would release toxic air, they too would have to post a bond if they want to appeal a lower court decision. In terms of intersectionality, this bill as written could remove a barrier to the development of affordable housing but would also undermine the right of communities to oppose unsafe developments. Kentucky Resources Council opposes the bill as written, calling the bonds unconstitutional. Metropolitan Housing Coalition in Louisville is working to attach some amendments that would make the bill better.

KFTC's Position: 
KFTC Opposes