HB2094 - 451R - House Bill Summary

House of Representatives

HB 2094

town eminent domain; open space

Sponsors: Rep. Huffman

DPA	Committee on ENV
x	Committee on CM
	Committee on RULES
	Caucus and COW
	As Passed the House

HB 2094 would allow an incorporated town to exercise eminent domain to secure land for a public park or open space.

History

"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.

Provisions

· 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.

HB 2094 was amended in the Environment Committee as follows:

These conditions were added to define the circumstances for a town to exercise eminent domain. All of the conditions must be met.

· If located outside but adjacent to the corporate limits of the incorporated town, there is a common boundary of at least one-mile.

· Is vacant land.

· Is at least one thousand acres in size.

· Is not state land that has been leased for a purpose other than use as a park or open space.

· The definition of "open space" is consistent with ARS 37-311. (Arizona Preserve Initiative)

· The law is repealed from and after July 1, 2003.

· An emergency clause was added.

· Grammatical changes were made.

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44th Legislature