town eminent domain; open
space
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Committee on Environment |
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Committee on Counties & Municipalities |
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Committee on RULES |
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Caucus and COW |
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As Passed the House |
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HB 2094 would allow an incorporated town to exercise eminent domain to secure land for a public park or open space.
"Eminent domain" (also called "condemnation") is the power of government agencies to acquire property for "public use" so long as the government pays "just compensation." Recognized public uses for which the power of eminent domain may be used include, among other things, schools, parks, roads, highways, subways, fire and police stations, public buildings, and the elimination of blight through redevelopment.
· A new section, ARS 9-245, is added that would allow an incorporated town to exercise eminent domain for real property located within, or outside but adjacent to its corporate limits for the purpose of a public park or open space.
· Open space is defined as any real property or area that if left in a substantially natural condition would maintain or enhance the conservation of natural or scenic resources. Real property does not include land within the corporate limits of any other city or town.