House of Representatives

HB 2380

adverse possession

NOW: grazing protection

NOW: task force on property rights

Sponsors: Representatives McClure, Cooley, Avelar et al

 

DP

Committee on Judiciary

DPA

Committee on Counties and Municipalities

DPA

Caucus and COW

DPA

Third Read

 

DPA

As Passed the House

X

As Transmitted to the Governor

 

HB 2380 creates a joint legislative task force to analyze property rights protection.

 

History

The Fifth and Fourteenth Amendments to the United States Constitution and Article II, Section 17 of the Arizona Constitution prohibit depriving any person of private property without due process of law and guarantee just compensation for property that is taken or damaged. There have been a number of legislative efforts in Arizona during the 1990s to provide additional legal recognition of property rights under state law.

 

In 1995, legislation was enacted that provides appeal rights to property owners who are required to provide a dedication or exaction of their property as a condition of approval for the use, improvement or development of their real property (Laws 1995, Chapter 166).

 

Provisions

·              Establishes a task force on property rights protection consisting of four Senators appointed by the President of the Senate, and four Representatives appointed by the Speaker of the House of Representatives.

·              Stipulates that not more than two of the Senators and three of the Representatives may be of the same political party.

·              Requires the Speaker of the House of Representatives and the President of the Senate to appoint cochairs.   Allows the cochairs to appoint an advisory committee of at least seven members and outlines the interest groups to be represented. 

·              Requires the task force to review and analyze the following:

1.      Property rights protection laws of this state and other states.

2.      Activities of this state and its political subdivisions that may result in property devaluation, including land use regulations intended to comply with federal environmental laws or protect the environment.

3.      Methods to ensure the protection of private property rights, including payment of damages to landowners.

·              Requires the task force to transmit a final report to the President of the Senate and the Speaker of the House of Representatives by December 31, 2002.   Requires the task force to provide a copy of the report to the Secretary of State and the Director of the Arizona State Library, Archives and Public Records. 

·              Repeals the task force on February 1, 2003.

 

 

 

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45th Legislature                       

Second Regular Session            2          May 20, 2002

 

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