A Bill Regular Session, 2015 SENATE BILL 757

Similar documents
A Bill Regular Session, 2019 SENATE BILL 170

A Bill Regular Session, 2017 HOUSE BILL 1730

TAKINGS IMPACT ASSESSMENT

Senate Eminent Domain Bill SF 2750 As passed by the Senate. House Eminent Domain Bill HF 2846/SF 2750* As passed by the House.

A Bill Regular Session, 2019 HOUSE BILL 1410

A Bill Regular Session, 2017 SENATE BILL 308

ASSEMBLY, No. 326 STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

6. The entity proposing to take your property must make a good faith offer to buy the property before it files a lawsuit to condemn the property.

A Bill Regular Session, 2019 SENATE BILL 96

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. House Bill 2002

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2002 SUMMARY

A.R.S. T. 12, Ch. 8, Art. 2.1, Refs & Annos Page 1. Chapter 8. Special Actions and Proceedings Relating to Property

LEGISLATIVE PURPOSES. 2. Provide sources of agricultural products within the state for the citizens of the state

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION SENATE DRS35055-LTz-20A* (2/14)

ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY REPEALING AND REPLACING CHAPTER RE: INCLUSIONARY HOUSING

ASSEMBLY COMMITTEE SUBSTITUTE FOR. ASSEMBLY, Nos. 326 and 1475 STATE OF NEW JERSEY. 217th LEGISLATURE ADOPTED MARCH 7, 2016

SENATE BILL 794. By Dickerson BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009

ARTICLE 1 GENERAL PROVISIONS

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 HOUSE BILL 174 RATIFIED BILL

BLUEPRINT REAL ESTATE POLICY

Uniform Assignment of Rents Act

DISTRICT OF COLUMBIA MUNICIPAL REGULATIONS TITLE 14 HOUSING CHAPTER 1 ADMINISTRATION AND ENFORCEMENT

SENATE, No. 394 STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

A Bill Regular Session, 2005 HOUSE BILL 1137

CONSERVATION AND PRESERVATION EASEMENTS ACT Act of Jun. 22, 2001, P.L. 390, No. 29 AN ACT Providing for the creation, conveyance, acceptance,

78th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 4001

A Bill Regular Session, 2017 HOUSE BILL 1454

16 USC 545b. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

OREGON ASSOCIATION OF REALTORS

Page 1 of 17. Office of the City Manager ACTION CALENDAR March 28, 2017 (Continued from February 28, 2017)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 SESSION LAW HOUSE BILL 331

2005 Texas Local Government Code CHAPTER 422. PUBLIC UTILITY AGENCIES FOR PROVISION OF WATER OR SEWER SERVICE

Eminent Domain Law and Practice in Minnesota

Chapter 6 Summary Control of Land Use: Control of Land Use

Multifamily Housing Preservation and Receivership Act

HOUSE OF REPRESENTATIVES

ORDINANCE NO

SENATE BILL 274 CHAPTER. Tax Increment Financing and Special Taxing Districts Transit Oriented Development

Arkansas Tax Titles Revisited

Treatment of Property Owners in Redwood City Redevelopment Project

SENATE BILL No. 35. December 5, 2016

LOWER OXFORD TOWNSHIP ORDINANCE NO AN ORDINANCE ESTABLISHING REGULATIONS FOR HOLDING/RETAINING TANKS

MARCH 17, Referred to Committee on Government Affairs

Department of Legislative Services

Short Title: Performance Guarantees/Subdivision Streets. (Public) April 28, 2016

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE. Sponsored by: Senator NIA H. GILL District 34 (Essex and Passaic)

Minnesota Pollution Control Agency Voluntary Investigation and Cleanup

Assembly Bill No. 140 Committee on Commerce and Labor

Assembly Bill No. 489 Committee on Growth and Infrastructure CHAPTER...

ASSEMBLY, No STATE OF NEW JERSEY. 217th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

CHAPTER House Bill No. 531

ASSEMBLY, No. 266 STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

IC Chapter 17. Relocation Assistance

1 SB By Senators Hightower, Glover and Albritton. 4 RFD: County and Municipal Government. 5 First Read: 12-MAR-15.

Real Estate Principles Chapter 6 Quiz

CHAPTER House Bill No. 945

IN GENERAL ASSEMBLY JANUARY SESSION, A.D A N A C T RELATING TO PUBLIC PROPERTY AND WORKS -- NARRAGANSETT INDIAN LAND MANAGEMENT CORPORATION

LIHPRHA, Pub. L. No , Title VI (1990), codified at 12 U.S.C et seq.

Chapter 7: Vacancy Rent Increases

TITLE 42 LUMMI NATION CODE OF LAWS LAND TENURE CODE

APPRAISAL MANAGEMENT COMPANY

A Bill Regular Session, 2001 SENATE BILL 813

ASSEMBLY, No. 901 STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

PROPOSED AMENDMENTS TO SENATE BILL 608

Draft Ordinance: subject to modification by Town Council based on deliberations and direction ORDINANCE 2017-

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM DIVISION 335-5

Park Acquisition Opportunity Fund Grant Rules Adopted by the Metropolitan Council on May 28, 2014 as an Amendment to 2030 Regional Parks Policy Plan

HOUSE AMENDMENT Bill No. CS/HB 411

Arkansas. Appraiser Licensing and Certification Board. Appraisal Management Company Statutes. Subchapter 1 General Provisions

Module Seven. Student Learning Objectives. After completing this module you should be able to

CHAPTER County of Alameda Onsite Wastewater Treatment Systems Ordinance

District of Columbia Housing Code Provisions Disclosure

NORWOOD TOWNSHIP Short- term Rental Licensing Ordinance. Ordinance No. of 2018

SECOND CLASS CITY TREASURER'S SALE AND COLLECTION ACT Act of Oct. 11, 1984, P.L. 876, No. 171 AN ACT

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

The Next West. Land Use in the Rocky Mountain West. March 4, 2011

I. BACKGROUND. As one of the most rapidly developing states in the country, North Carolina is losing

CITY OF MIDWAY ORDINANCE NO AN ORDINANCE RELATING TO THE ELIMINATION OF BLIGHTED AND DETERIORATED PROPERTIES

CITY OF DEVELOPMENT AGREEMENT FOR

CITY OF AUSTIN S ORIGINAL PETITION AND REQUEST FOR PERMANENT INJUNCTION

*SB0046* S.B. 46 S.B AGRICULTURE SUSTAINABILITY ACT. LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: V. Ashby :38 AM 6

Annexation Issues and SB 6

Bill of Rights. Cities of 5,000 or more population; adoption or amendment of charter

BILL TOPIC: "Residential Tenants Health & Safety Act"

"Advertisement" means a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a lease- purchase agreement.

Law Office of Jonathan James Damonte, Chartered Legislative Report 2018 Legislative Session

Due Diligence & Environmental Compliance Issues for Tribal Energy Projects: Hazardous Waste

As seen in the September issue of Michigan Lawyers Weekly THE DIMINUTION OF THE GOOD FAITH OFFER PROTECTIONS IN EMINENT DOMAIN PROCEEDINGS

D.C. Code

Laws Passed in the 2017 Legislative Session Effective on or Before July 1, 2017

WHEREAS, the duly elected governing authority of the City of Hapeville, WHEREAS, the existence of real property, which is maintained in a blighted

ANNEXATION. The Handbook for Georgia Mayors and Councilmembers 1

IC Chapter 7. Real Property Transactions

ARTICLE 12: RESIDENTIAL RENTAL LICENSE

Local units of government control the use of private

CHAPTER 12. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

Generation 17 Application Overview and Best Practices: Preparing for Generation 18. Charter Law Overview For Board Members

1 ORDINANCE 4, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER TAXATION.

Transcription:

Stricken language would be deleted from and underlined language would be added to present law. Act 00 of the Regular Session 0 State of Arkansas 0th General Assembly As Engrossed: S// H// A Bill Regular Session, SENATE BILL By: Senators J. Hendren, Files, Hester For An Act To Be Entitled AN ACT TO RESTRICT THE ABILITY OF LOCAL GOVERNMENTS AND OTHER ENTITIES TO REGULATE PRIVATE PROPERTY RIGHTS; TO PROTECT PRIVATE PROPERTY RIGHTS; TO CREATE THE PRIVATE PROPERTY PROTECTION ACT; TO REGULATE THE POWER OF EMINENT DOMAIN BY CERTAIN PUBLIC UTILITIES; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. Subtitle TO RESTRICT THE ABILITY OF LOCAL GOVERNMENTS AND OTHER ENTITIES TO REGULATE PRIVATE PROPERTY RIGHTS; AND TO DECLARE AN EMERGENCY. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION. DO NOT CODIFY. Legislative findings. The General Assembly finds that: () From time to time, state and local regulatory programs have the effect of reducing the market value of private property; () When state and local regulatory programs reduce the market value of private property and do not abate through their implementation a public nuisance affecting the public health, safety, morals, or general welfare, it is fair and appropriate that the state or the locality compensate the property owner for the loss in market value of the property caused by the implementation of the regulatory program; () Compensation to the property owner is also fair and appropriate in cases involving regulatory programs that abate a public *JLL* 0-0- :: JLL

As Engrossed: S// H// SB 0 nuisance when the property owner did not contribute to the public nuisance, did not acquire the property knowing of the public nuisance, or did not acquire the property under circumstances in which the property owner should have known about the public nuisance based upon prevailing community standards; and () In order to establish a fair and equitable compensation system to address these stated public policy concerns and findings, the General Assembly should establish a compensation system. SECTION. Arkansas Code Title, Chapter, is amended to add an additional subchapter to read as follows: Subchapter Private Property Protection Act --0. Title. This subchapter shall be known and may be cited as the "Private Property Protection Act". --0. Definitions. As used in this subchapter: () Fair market value means the price a willing buyer would pay a willing seller after considering all factors in the marketplace that influence the price of private real property; () Governmental unit means the state and any of its agencies or political subdivisions; () Owner means a person with legal or equitable title to affected private real property at the time a taking occurs; () "Real property" means real property, the use of which is directly controlled or regulated by a regulatory program; ()(A) "Regulatory program" means a rule, regulation, law, or ordinance that affects the fair market value of real property. (B) "Regulatory program" includes without limitation moratoriums on growth, aesthetic or scenic districts, environmental districts, overlay districts, green space ordinances, landscape ordinances, tree ordinances, land use planning programs, and zoning programs by a governmental unit when the regulatory program is not designed to carry out or protect the adopted plans of a governmental unit that are designed to protect 0-0- :: JLL

As Engrossed: S// H// SB 0 the health, safety, or welfare of the citizens. (C) Regulatory program does not include a moratorium enacted to give a municipality time to adopt or amend plans and ordinances; and () Territorial jurisdiction means the territorial jurisdiction of a municipality as described in --. --0. Taking Application. (a)() An owner of real property asserting a taking under this subchapter shall bring a cause of action in circuit court claiming that the implementation of a regulatory program by a governmental unit has permanently reduced by at least twenty percent (%) the fair market value of the real property. () The reduction in the fair market value of the real property shall be determined by comparing the fair market value of the real property as if the regulatory program is not in effect and the fair market value of the real property determined as if the regulatory program is in effect. () To assert that a taking has occurred, the regulatory program must have been implemented at the time the owner acquired title or after the effective date of this subchapter, whichever is later. () Upon a preponderance of the evidence, the real property shall be deemed to have been taken for the use of the public. (b) A jury shall determine the amount of the difference in fair market value. (c)() Upon a finding that real property has been taken for the use of the public, the governmental unit may either: (A) Pay compensation for the reduction in fair market value caused by the regulatory program; or (B) Invalidate all or part of the regulatory program. () Compensation is required under this section only when the fair market value of the real property is reduced by at least twenty percent (%). () If a governmental unit elects to pay compensation to the private real property owner under subdivision (c)()(a) of this section: (A) The court that rendered the judgment in the lawsuit or the state agency that issued the final order or decision in the case shall 0-0- :: JLL

As Engrossed: S// H// SB 0 withdraw the part of the judgment or final decision or order rescinding the regulatory program; (B) The governmental unit shall pay to the owner the damages determined in the judgment or final order by the thirtieth day after the date the judgment is rendered or the final decision or order is issued; and (C) When more than one () governmental unit is involved, the court shall determine the proportion each governmental unit shall be required to contribute to the compensation. (d) When a regulatory program resulting from a zoning ordinance operates to change a permitted use and the fair market value of the affected real property is the same or greater than the fair market value was before the effective date of the implementation of the regulatory program, compensation shall not be paid under this subchapter. (e) This subchapter does not apply to: () An owner of real property if the real property is not the direct subject of the regulatory program; () Laws or rules within the jurisdiction of the State Health Officer or regulatory activities of the Arkansas Pollution Control and Ecology Commission, the Arkansas Department of Environmental Quality, the Arkansas Livestock and Poultry Commission, the Arkansas Public Service Commission, or the State Plant Board under delegated or authorized programs or approved plans under federal law; () An eminent domain proceeding to which the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 0, U.S.C. 0 et seq., as in effect on January,, applies; () An eminent domain proceeding undertaken by a governmental unit under applicable law; () A lawful forfeiture or seizure of contraband under Arkansas Code, Title ; () A lawful seizure of property as evidence of a crime or violation of law; () An action, including an action of a governmental unit, that is reasonably taken to fulfill an obligation mandated by federal law or an action of a governmental unit that is reasonably taken to fulfill an obligation mandated by state law; 0-0- :: JLL

As Engrossed: S// H// SB 0 () The discontinuance or modification of a program or regulation that provides a unilateral expectation that does not rise to the level of a recognized interest in private real property; () An action taken to prohibit or restrict a condition or use of private real property if the governmental entity reasonably determines that the condition or use constitutes a public or private nuisance as determined by background principles of nuisance and property law of this state; (0) An action taken out of a reasonable good faith belief that the action is necessary to prevent an immediate threat to life or property; () A rule, regulation, or proclamation adopted for the purpose of regulating water safety, hunting, fishing, or control of nonindigenous or exotic aquatic resources; () An action taken by a governmental unit: (A) To regulate construction in an area designated under law as a floodplain; (B) To regulate onsite sewage facilities; (C) To prevent waste of or protect rights of owners of interest in groundwater; (D) To prevent subsidence; or (E) Under its police power to make laws and regulations for the benefit of its communities; () The appraisal of property for purposes of ad valorem taxation; () An action that is taken in response to a threat to public health and safety that is designed to advance the health and safety purpose; or () An action by a municipality unless the regulatory program has effect in the territorial jurisdiction of the municipality, excluding annexation, and that enacts or enforces a regulatory program that does not impose identical requirements or restrictions in the entire territorial jurisdiction of the municipality. --0. Statute of limitations. (a)() A lawsuit under this subchapter shall be filed by the onehundred-eightieth day after the date the private real property owner knew or 0-0- :: JLL

As Engrossed: S// H// SB 0 should have known that the regulatory program restricted or limited the owner's right in the private real property. () The statute of limitations begins upon the final administrative decision implementing the regulatory program affecting the owner's or user's property. (b) A program is implemented with respect to an owner's or user's property when actually applied to that property. --0. Cumulative remedies. (a) The remedies provided under this chapter are not exclusive and are in addition to other procedures or remedies provided by law. (b) A person shall not recover under this chapter and also recover under another law or in an action at common law for the same economic loss. --0. Appeals. An appeal from the final judgment of the cause of action in -- 0 may be taken according to law. SECTION. Arkansas Code Title, Chapter, Subchapter, is amended to add an additional section to read as follows: --0. Eminent domain for transmission lines Market value. (a) As used in this section, "electric utility" means an electric utility that: () Is not a municipally owned utility system; () Is under the jurisdiction of the Arkansas Public Service Commission; () Primarily transmits electricity and does not generate or distribute electricity; and () Has not been directed or designated to construct an electric transmission facility by a regional transmission organization. (b) If an electric utility acquires land from a private property owner through eminent domain for purposes of a transmission line, then the electric utility shall compensate the private property owner at three () times the market value of the property taken by eminent domain. SECTION. EMERGENCY CLAUSE. It is found and determined by the 0-0- :: JLL

As Engrossed: S// H// SB 0 General Assembly of the State of Arkansas that some actions by a governmental unit reduce the value of real property; that the property owners now are not being compensated for that reduction in value; and that this act is immediately necessary because the inequity needs to be eliminated as soon as possible. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: () The date of its approval by the Governor; () If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or () If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto. /s/j. Hendren APPROVED: 0/0/ 0-0- :: JLL