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AR SB970
Bill
Status
4/27/2011
Primary Sponsor
Jason Rapert
Click for details
AI Summary
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Adds new section 18-15-103 to Arkansas Code restricting when private real property can be acquired through eminent domain to only when necessary for public possession, occupation, and enjoyment by the public at large or public agencies.
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Prohibits use of eminent domain to acquire private real property for private commercial enterprises, economic development in the private sector, or any other private use, with exceptions for privately owned public utilities, electric cooperatives, and common carriers.
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Prevents property from being taken from one owner and transferred to another based on grounds that the public will benefit from a more profitable use of the property.
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Requires courts, not legislatures, to determine whether a proposed acquisition qualifies as a public purpose and prohibits courts from considering legislative intent in making such determinations.
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Establishes this section as supplemental to all other existing laws restricting eminent domain acquisition of real property.
Legislative Description
To Amend The Laws Concerning Eminent Domain.
Last Action
Senate Sine Die adjournment
4/27/2011