House of Representatives

HB 2570

Arizona capital fomation incentives

Sponsors: Representative Leff

DPA S/E	Committee on Commerce and Economic Development Committee
W/D	Committee on Appropriations
X	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

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

Ø 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:

- Condemnation proceedings abandoned by the condemning authority, dismissed on a motion or the final judgement rules that property can not be acquired by condemnation.

- Condemnation proceedings modified or amended to the extent that that costs, disbursements, or expenses incurred in the original proceeding are no longer required.

- 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.

Ø 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.

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

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45th Legislature

First Regular Session 2 March 14, 2001

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