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AR HB1908

Bill

Status

Passed

4/6/2015

Primary Sponsor

Rick Beck

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Origin

House of Representatives

90th General Assembly (2015 Regular)

AI Summary

  • Establishes a bill of rights for property owners subject to eminent domain proceedings, creating enforceable standards for governmental and authorized private entities exercising condemnation powers.

  • Requires condemning entities to provide property owners with written assessment of just compensation before or contemporaneously with a good faith purchase offer, except when property owners must be served by warning order.

  • Grants property owners the right to hire appraisers, independent professionals, and attorneys to determine property value and represent them in condemnation proceedings, with jury trials of 12 persons to determine just compensation.

  • Entitles property owners to recover costs, expenses, and reasonable attorney's fees if the final compensation award exceeds the condemning entity's initial assessment by 20 percent or more, except for condemnations by counties or municipalities governed by other authorizing laws.

  • Amends Arkansas Code § 27-67-317(b) to increase the threshold for state property condemnation cases from 10 percent to 20 percent above the deposited amount before awarding costs, expenses, and attorney's fees to property owners.

Legislative Description

To Establish A Bill Of Rights For A Property Owner.

Last Action

Notification that HB1908 is now Act 1101

4/6/2015

Committee Referrals

Judiciary3/27/2015
Judiciary3/24/2015
Judiciary3/10/2015

Full Bill Text

No bill text available