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Amendments
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Plain English: 2025-2026 General Assembly
HOUSE BILL 913:
Liability/Unfair/Deceptive Develop.
2025-2026 General Assembly
HOUSE BILL 913:
Liability/Unfair/Deceptive Develop.
Actions.
Committee: House Rules, Calendar, and Operations of the
House
Date: April 29, 2025
Introduced by: Rep.
Brody Prepared by: Ike McRee
Staff Attorney Analysis of: Second Edition
Kara McCraw
Director
*H913-SMCO-55(e2)-v-2*
Legislative Analysis
Division
919-733-2578
This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
Bill History
2025-05-05Senate
Ref To Com On Rules and Operations of the Senate
2025-05-05Senate
Passed 1st Reading
2025-05-05Senate
Regular Message Received From House
2025-05-01House
Regular Message Sent To Senate
2025-05-01House
Passed 3rd Reading
2025-05-01House
Passed 2nd Reading
2025-04-29House
Placed On Cal For 05/01/2025
2025-04-29House
Cal Pursuant Rule 36(b)
2025-04-29House
Reptd Fav
2025-04-29House
Re-ref Com On Rules, Calendar, and Operations of the House
2025-04-29House
Reptd Fav Com Substitute
2025-04-17House
Re-ref Com On State and Local Government
2025-04-17House
Reptd Fav
2025-04-14House
Ref to the Com on Housing and Development, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 913
Committee Substitute Favorable 4/29/25
Short Title: Liability/Unfair/Deceptive Develop. Actions. (Public)
Sponsors:
Referred to:
April 14, 2025
*H913-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO HOLD LOCAL GOVERNMENTS ACCOUNT ABLE FOR DEVELOPMENT 2
DECISIONS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Article 14 of Chapter 160D of the General Statutes is amended by 5
adding a new section to read: 6
"§ 160D-1425. Damages, attorneys' fees, and costs. 7
(a) The court may allow the p erson with standing to recover reasonable attorneys' fees 8
attributed to an action brought pursuant to this Article. 9
(b) The court shall allow the p erson with standing to recover reasonable attorneys ' fees 10
attributed to the action in any action brought pursuant to this Article in which any of the following 11
occurs: 12
(1) The person with standing successfully shows the local government 13
intentionally acted in violation of this Chapter. 14
(2) The person with standing successfully shows the local government 15
intentionally delayed action on a development approval to cause the person to 16
seek action under this Article. 17
(3) The person with standing successfully shows the local government acted in a 18
flagrantly unfair or deceptive manner with respect to the development 19
approval with intent to cause the person with standing to initiate an action 20
under this Article. 21
(c) Upon a finding by the cou rt that subdivision (3) of subsection (b) of this section 22
applies, the court shall award punitive damages in addition to any reasonable attorneys ' fees 23
attributed to the action in an amount as determined by the court, up to 10 times the damages. For 24
purposes of t his subsection, damages shall mean loss of revenue, increases in costs due to the 25
delays caused by the local government's actions, and any other damages proven by the prevailing 26
party. 27
(d) The court shall not award attorneys' fees against the local government under this 28
section if the court finds that the local government acted in reasonable reliance on any of the 29
following: 30
(1) A judgment or an order of a court applicable to a local government in the same 31
or similar circumstances. 32
(2) The published opinion of an appellate court, an order of the North Carolina 33
Business Court, or a final order of the Trial Division of the General Court of 34
Justice. 35
(3) A written opinion, decision, or letter of the Attorney General." 36
General Assembly Of North Carolina Session 2025
Page 2 House Bill 913-Second Edition
SECTION 2. This act becomes effective October 1, 2025, and applies to causes of 1
action arising on or after that date. 2