SB334 Summary

• Codifies Arkansas case law defining "public use" for eminent domain purposes to include possession and development of property for public benefit, utility/common carrier operations, remediation of blighted property, and possession of abandoned property.

• Prohibits taking private property solely for economic benefit such as increased tax base, tax revenues, or employment, though takings for public use that incidentally provide economic benefits are permitted.

• Defines "abandoned property" as property unoccupied for at least one year, cited for code violations unresolved within 180 days, and with at least two years of delinquent property taxes.

• Defines "blighted property" as buildings designated unfit for human use or habitation due to being dilapidated, unsanitary, unsafe, or lacking essential utilities.

• Establishes that property owners may challenge takings in circuit court within 180 days, with state agencies bearing the burden of proving the taking is lawful and necessary, except the Arkansas Department of Transportation is exempt from proving necessity.