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A
BILL
TO
Consolidate Laws Relating to Real Property Restrictions within a Single Act,
and to Bring them into Compliance with One Another
1 - Short Title and EnactmentBILL
TO
Consolidate Laws Relating to Real Property Restrictions within a Single Act,
and to Bring them into Compliance with One Another
(1) This Act may be cited as the 'Real Property Rules Consolidation Act'
(2) This Act shall be enacted immediately upon its signage. The passage of this act shall in no way affect cases currently in proceedings.
(3) This Act has been authored by Ibney0. This act adopts several provisions from the authors of the Eminent Domain Act (Ibney), R.E.A.L.T.O.R ACT (Thritystone), and the Inactive Owners Act (Capt11543 and ItsStormcraft). Their contributions are appreciated, and due credit is given for their considerable efforts in this acts creation.
2 - Reasons and Legislative Findings
(1) Due to a flurry of activity, several acts passed by parliament relating to the Ministry of Development ("MoD") were authored without consideration for each other.
(2) Each of these acts sets up separate statutory schemes which fail to work within concert with one another.
(3) Parliament should take action to ensure that the regulatory and statutory schemes relating to property compliance are clear and concise.
3 - Definitions
(1) “Eminent domain” shall refer to the act of an official government entity removing ownership of a plot from a player for public re-sale, public use.
(2) “Player” shall refer to any tourist, resident, citizen, or person legally engaged in the Kingdom of Alexandria forums, discord, or in-game.
(3) “In-game” shall refer to activity on Minecraft, while accessing the StateCraft Minecraft server at play.mcstatecraft.com.
(4) “Play-time” shall refer to the duration of a player’s presence within Minecraft while accessing the StateCraft Minecraft server at play.mcstatecraft.com.
(5) “Zoning” shall refer to the classification of land according to “commercial”, “residential,” and other restrictions placed on its use and development, designating any particular plot for specific purposes.
(6) “Inheritor” shall refer to a singular player or legal entity represented by a single player who a plot owner has designated to inherit property in the event of inactivity.
(7) “Realtor” shall refer to a person who acts as an agent for the sale and purchase of buildings and land as defined by this act.
(8) “Property Lien” shall refer to a legal claim on assets that allows the holder to obtain access to the property if debts are not paid.
(9) "Expropriation" shall refer to the action by the state or an authority of taking property from its owner for public use or benefit.
4 - Repeals and Administrative Movements
(1) A.P. 001-024 | Eminent Domain is hereby repealed in its entirety.
(2) Sec. 5-7 of A.P.01-032 R.E.A.L.T.O.R ACT is hereby repealed in its entirety.
(3) A.P.01-028 Inactive Owner Act is hereby repealed in its entirety.
5 - Powers of the Ministry of Development - Eminent Domain
(1) The MoD shall have the power to initiate eminent domain proceedings against the owner of any property within the Kingdom of Alexandria who has not attained four hours of in-game play time within the last thirty days in exchange for just compensation. The MoD may not issue eminent domain removals as a penalty for zoning, aesthetic, or ministerial policy violations, provided that plot owners meet the time requirements under this section.
(2) The Minister of Development, using their power of eminent domain, may seize land for the development of the Kingdom as they sees necessary for public use and to further the aesthetic or developmental goals of the government in exchange for just compensation. This goal must be reasonable, articulable, and in good faith.
(3) The Ministry must negotiate in good faith with the seller, and must provide a reasonable purchasing price to the seller before a sale may be finalized.
(4) The seller is obligated to comply with the final price offered by the MoD.
(5) The MoD may publish further regulations as they see fit for the enforcement of this section.
6 - Rights of the Seller in an Eminent Domain Action
(1) Should a seller believe the final price of the MoD is unreasonable, they may file a claim within the Magistrate Court.
(2) The Magistrate Court shall first determine if there is sufficient evidence presented by the MoD that the land was seized in furtherance of the goal asserted by the MoD under Sec. 5 of this act. The MoD may not seize land arbitrarily for no reason. Should the MoD's seizure be found unreasonable, the seizure shall be overturned, and the property returned to the seller.
(3) If the Magistrate Court determines the sale was reasonable, The Magistrate Court shall then determine whether the final price offered by the MoD was reasonable. If the price was objectively unreasonable, the sale price shall be overturned, and the Magistrate Court shall hold a hearing to determine a reasonable price for the property.
7 - Inheritors, Creditors, and Claimants to Land Seized Under Eminent Domain
(1) An inheritor of land seized under eminent domain who possesses at least four hours of in-game play time within the last thirty days may file a claim within the MoD to intervene within eminent domain proceedings to take title to the property, with the approval of the current owner, instead of the properties sale. To be considered an inheritor, a player who owns property must inform the MoD who shall inherit their property in the event of an inability to meet play time requirements prior to eminent domain proceedings. If a property owner is unable to approve or deny the inheritors claim for any reason as determined by the MoD, the title shall automatically pass to the inheritor. An inheritor or a property owner aggrieved in any way by this section may file a petition for judicial review within the Magistrate Court, which shall only be accepted if the petitioner shows an abuse of discretion by the MoD.
(2) A creditor who possessed a lien on the property currently under eminent domain, or who possess a debt owed by the property owner, may file a claim with the MoD to have part or all of the funds from the sale under eminent domain transferred to the creditor. A creditor or a property owner aggrieved in any way by this section may file a petition for judicial review within the Magistrate Court, which shall only be accepted if the petitioner shows an abuse of discretion by the MoD.
(3) Other claimants not mentioned within this subsection must file a complaint regarding a property right aggrieved by this act within the Magistrate Court against the property owner.
8 - Powers of the Ministry of Development - Standards for Properties
(1) The MoD shall be empowered under this Act to promulgate policies with regard to aesthetics, commercial requirements, and zoning standards. The MoD shall enforce these requirements to preserve the natural beauty of the Kingdom, to promote housing, production, industry, and commerce, and to further develop value to landowners under its jurisdiction.
(2) The MoD is empowered to create regulations relating to its property standards as enumerated in Sec. 6(1) of this act. The MoD may create regulations and enforcement civil fines that are reasonable and follow the guiding purpose of this legislation and this section. The MoD may fine a plot owner for regulatory violations no higher than £200 per plot per day.
(3) A player who believes the fine imposed on them is arbitrary, grossly unfair, or undertaken in violation of this act or any other law of the Kingdom of Alexandria may submit a petition for judicial review to the Magistrate Court. The Magistrate Court shall accept the petition only if the petitioner shows arbitrary action by the MoD, that the fine is grossly unfair, or that a compelling reason exists to believe the MoD, through their enforcement of the fine, have breached some other law of Alexandria.
(4) Should an individual not pay a fine, or is unable to pay a fine, the MoD may seek compensation through the use of a lien in the Magistrate Court, and the Magistrate Court shall grant them a lien unless the individual the fine was filed against can show proof of payment. The MoD may only seek a lien after reasonable effort to inform the property owners for fourteen days via Discord, in-game mail, and on the forums of their outstanding fine.
(5) The MoD shall retain all records of punitive action, as well as all evidence, for three months.
9 - Plot Crises
(1) Parliament may declare a plot crisis in order to counteract a lack of development within the Kingdom of Alexandria. Plot crises require reapproval by every new parliament formed.
(2) During a plot crisis, the MoD gains the power of expropriation:
(a) Expropriation for Lack of Playtime:
(I) If an owner shows under three hours of playtime in the last thirty days, they shall be given a notice by the MoD that their plot(s) will be expropriated in three days.
(II) If the notice is still unanswered after three days, their property may be expropriated without compensation.
(III) The MoD shall include a notice about this provision with the notice required by Sec. 8(2)(a).
(b) Expropriation for Lack of Development:
(I) If an owner does not make efforts in developing their plot, they shall be given notice by the MoD that their plot(s) may be expropriated if undeveloped. The MoD shall require the plot owner to submit a plan to develop the property, or to sell it.
(II) The Ministry shall review the submitted plan against all applicable laws and regulations. If the submitted plan is found to be deficient, the Ministry shall provide clear and complete reasoning supporting its finding and require the plot owner to submit a revised plan which addresses the deficiencies.
(III) If no plan for development or sale is submitted within ten days, or no revisions to a deficient plan are submitted within ten days of the Ministry's request for the same, the property may be expropriated.
(c) Expropriation for Non-Compliance:
(I) If a plot is found to be in violation of any applicable law or Ministry regulation, the plot owner shall be given notice by the MoD that their plot(s) may be expropriated if they remain out of compliance. The MoD shall require the plot owner to submit a plan to develop the property, or sell it.
(II) The Ministry shall review the submitted plan against all applicable laws and regulations. If the submitted plan is found to be deficient, the Ministry shall provide clear and complete reasoning supporting its finding and require the plot owner to submit a revised plan which addresses the deficiencies.
(III) If no plan for development or sale is submitted within ten days, or no revisions to a deficient plan are submitted within ten days of the same, the property may be expropriated.
(3) Rights of Land Owners under this Section.
(a) A property owner aggrieved in any way by this section may file a petition for judicial review within the Magistrate Court, which shall only be accepted if the petitioner shows an abuse of discretion by the MoD.
10 - Paste policy
(1) The Power to paste, use creative mode, or any other means of spawning in items, blocks, or materials for all public builds is solely reserved for the MoD. All pastes for Public or Government projects must be issued a public tender, which shall account for 100% of the materials used in the structure. Temporary structures for events that are set to be deleted within 30 days of the event are exempt from this provision.
(2) The Power to paste is solely reserved for designated Ministry of Development employees. The Ministry of Development shall manage all administrative aspects of allowing private pastes, including charging a processing fee. The minister of Development shall set the administrative fee for MoD approval for private pastes. The minimum material tender requirement shall be 150% of the materials used.
(3) The Ministry of Development may promulgate any other rules or requirements for private pastes.
11 - Severability
(1) The provisions of this act are severable. Should one part of it be declared unconstitutional, it shall not affect the parts which remain.
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