3.__Exemption for regulation of noxious or harmful uses.__ Purchase or compensation is not required under this Act if the regulation is an exercise of the police power to prevent property use that is noxious or poses demonstrable harm to the health and safety of the public.__A use is considered a noxious use only if it amounts to a public nuisance in fact.__ Determination by the State that a use is noxious or poses a demonstrable harm to public health and safety is not binding on the court.__Review of that determination must be de novo.

§844.__Statute of limitations

The statute of limitations for actions brought pursuant to this Act is the statute of limitations for civil actions for injuries to real property.__The statute of limitations begins to run when a final administrative decision is issued affecting that property, except that, if passage of the regulation alone reduces the fair market value of real property by at least 25% of its preregulatory fair market value without further governmental action and the regulation contains no provision for relief from the regulation's operation, the statute of limitations begins to run on the date the regulation becomes effective.

§845.__Waiver as condition to approval prohibited

The State may not make waiver of the provisions of this Act a condition for approval of the use of real property or the issuance of any permit.__An owner may accept an approval of use or a permit granted by the State without compromising rights under this Act if:

1.__Rights in writing.__The owner reserves the rights in writing at the time of acceptance of an authorization or permit; or

2.__Oral statement.__The owner makes an oral statement reserving the rights before the State at a public meeting at which the State renders its decision.

§846.__Legal challenges

This Act does not preclude an owner from challenging a regulation affected by this Act under any other law or constitutional provision.

§847.__Review of laws and rules