House of Representatives

SB 1332

state government; technical corrections

(now: eminent domain study committee)

Sponsors: Senator Mitchell

C/P	Committee on Rules Only
dp	Caucus and COW
x	As Passed the House

SB 1332 establishes the study committee on eminent domain. There is a delayed repeal of the study committee from and after December 31, 2001.

History

Eminent domain is the right of the state to take private property for public use. Property rights protected by our constitution require that just compensation be paid to the private property owner who is subject to a taking by the state under its right to eminent domain.

Provisions

· Establishes a nine-member study committee on eminent domain.

· Requires the committee to meet no later than September 1, 2001.

· Requires the committee to review and make recommendations regarding eminent domain procedural and compensation issues, including:

1. How Arizona’s eminent domain laws compare to other western states’ laws.

2. Comparison of state and local eminent domain laws and whether consistency in eminent domain proceedings is warranted.

3. Whether to condition a condemnation action on a prior offer by the condemning authority that sets forth the condemning authority’s good faith estimate of just compensation, including at least one appraisal in support of the proposed compensation.

4. Whether and in what manner to compensate an owner for costs, disbursements and expenses when a condemnation proceeding is abandoned by the condemning authority, dismissed on motion or a final judgment is rendered against the acquiring agency.

5. Whether and in what manner to compensate an owner when the property interests in a condemnation action change so that the costs, disbursements or expenses incurred by the owner in defending the original proceeding are not required in the modified or amended proceeding.

6. Whether and in what amount to compensate an owner or interested party in condemned property if a trial is held or arbitration is conducted for fixing the amount of compensation to be awarded and the owner or interested party is awarded just compensation that is more than the highest written offer in settlement submitted by the condemning authority.

7. Whether and in what manner to compensate for loss of business goodwill by reason of condemnation.

8. Whether and in what manner to compensate an owner for damages to property when a condemning authority takes no portion of the property but causes a loss of value in the course of taking adjacent or nearby property.

9. Whether and in what circumstance to require a condemning authority to acquire an entire improvement when taking part of an improvement (any development of land or buildings that does more than replace, repair or restore the property to the original condition; improvements generally increase the value of property).

10. Whether and in what manner to assign a consistent definition of value in connection with the valuation of a taking of property by a condemning authority.

· Requires the study committee to submit a written report including a summary of recommendations and the possible financial impact of the recommendations to the Governor, President of the Senate, Speaker of the House of Representatives, Secretary of State and the Director of the Arizona State Library, Archives and Public Records by November 15, 2001.

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

SB 1332 passed the House as introduced.

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45th Legislature

First Regular Session 2 April 10, 2001

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