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AR SB970

Bill

Status

Failed

4/27/2011

Primary Sponsor

Jason Rapert

Click for details

Origin

Senate

88th General Assembly (2011 Regular)

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary3/7/2011

Full Bill Text

No bill text available