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AR SB319

Bill

Status

Failed

4/24/2019

Primary Sponsor

Bob Ballinger

Click for details

Origin

Senate

92nd General Assembly (2019 Regular)

AI Summary

  • Codifies existing Arkansas case law defining "public use" for eminent domain purposes to protect property owners from takings that do not meet this constitutional requirement.

  • Defines "public use" as taking property for public enjoyment, utility/common carrier operations, remediating blighted property, or possessing abandoned property, explicitly excluding takings for economic benefit such as increased tax base, tax revenues, or employment.

  • Defines "abandoned property" as property unoccupied for one year, cited for housing/building/fire code violations unremedied within 180 days, and having at least two years of delinquent property taxes.

  • Defines "blighted property" as a building designated unfit for human use due to being dilapidated, unsanitary, unsafe, a fire hazard, or lacking electricity, heating, or plumbing.

  • Allows property owners to bring a cause of action in circuit court to challenge whether their property is lawfully being taken for public use, blighted property, or abandoned property, with the entity claiming eminent domain bearing the burden of proof.

Legislative Description

To Amend The Law Concerning Eminent Domain; And To Add New Definitions Under Eminent Domain.

Last Action

Sine Die adjournment

4/24/2019

Committee Referrals

Judiciary4/2/2019
Judiciary2/13/2019

Full Bill Text

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