House of Representatives

HB 2570

Arizona capital fomation incentives

Sponsors: Representative Leff

DPA S/E	Committee on Commerce and Economic Development Committee
X	Committee on Appropriations
	Caucus and COW	This bill as introduced contains Appropriation and Emergency clauses.
	As Passed the House

The Commerce and Economic Development Committee adopted a strike-everything amendment. The strike-everything amendment provides for the following:

History

In December, representatives from the counties, cities, and towns, Arizona Department of Transportation (ADOT) and interested members of the business community met to discuss the Arizona condemnation statutes. A consensus was not reached after several meetings.

The proposed strike-everything amendment to HB 2570 establishes a committee to review the recommendations and points of disagreement regarding property condemnation.

Provisions

· Establishes a nine-member property condemnation study committee (five Representatives and four Senators).

· Requires the study committee to meet three times per month beginning no later than Sept 1, 2001 to review recommendations and disagreements regarding:

- Compensation to an owner for:

1) Condemnation proceedings abandoned by the condemning authority, dismissed on a

motion or the final judgement rules that property can not be acquired by condemnation.

2) Condemnation proceedings modified or amended to the extent that that costs,

disbursements, or expenses incurred in the original proceeding are no longer required.

3) Loss in value of a property due to the condemnation proceeding although the

property is not acquired by the condemning authority but adjacent and near by

property is acquired.

- Manner of compensation for loss of business goodwill as a result of the condemnation

proceeding.

- Submission of good faith estimate and one or more appraisals prior to filing an action of

condemnation.

- Acquisition of an entire improvement when taking part of an improvement.

- Definition and application of fair market value when dealing with taking a property by a

condemning authority.

- Consistent application of the condemnation proceedings within the laws of the state.

· Requires the study committee to submit a written report to the Governor, the President of the Senate and the Speaker of the House of Representatives on or before November 15, 2001.

· Repeals the study committee on property condemnation from and after December 31, 2001.

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45th Legislature

First Regular Session 2 March 6, 2001

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