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AR SB335

Bill

Status

Failed

10/15/2021

Primary Sponsor

Bob Ballinger

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Origin

Senate

93rd General Assembly (2021 Regular)

AI Summary

  • Codifies Arkansas case law defining "public use" for eminent domain proceedings to preserve the status quo of the eminent domain process in the state

  • Defines "public use" to include: possessing and developing property for public enjoyment, utility or common carrier operations, remediating blighted property, and possessing and reselling abandoned property

  • Explicitly prohibits taking private property solely for economic benefit such as increased tax base, tax revenues, or employment, though ancillary economic benefits do not disqualify a taking

  • Establishes that local governments bear the burden of proof by preponderance of evidence to show property is lawfully being taken for public use, blighted property, or abandoned property

  • Creates administrative warrant process for local governments to gain building access to establish basis for eminent domain use on blighted or abandoned property, and allows property owners to challenge takings in circuit court within 180 days of receiving notice

Legislative Description

To Amend The Law Concerning The Use Of Eminent Domain By A Local Government; And To Add New Definitions Under Eminent Domain.

Last Action

Died in House Committee at Sine Die Adjournment

10/15/2021

Committee Referrals

Judiciary3/8/2021
Judiciary2/10/2021

Full Bill Text

No bill text available