board of accountancy;
omnibus
S/EDPA |
Committee on Commerce and Economic Development |
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X |
Committee on Judiciary |
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Caucus and COW |
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Third Read |
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As Passed the House |
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**REVISED**
HB 2447 rewrites, modernizes and makes changes to the statutes that regulate the Arizona Board of Accountancy and the accounts' industry.
The Commerce and Economic Development Committee adopted a strike-everything amendment that was further amended. The strike-everything amendment was amended to require the court to award reasonable attorney, appraisal and engineering fees actually incurred because of a condemnation proceeding if the final judgment is that the condemning authority, including the Arizona Department of Transportation (ADOT) cannot acquire the property by condemnation or if the proceeding is dismissed or abandoned by the acquiring agency. In addition, the repeal of a section of law that assesses costs against a landowner who refused to accept or agree to an amount offered by a condemning authority that was equal to or greater than the just compensation awarded by the court was removed.
A proposed strike-everything amendment to HB 2447 makes substantive changes to various aspects of Arizona eminent domain law.
Eminent domain is the right of the state to take private property for public use. Because eminent domain is an inherent right of sovereignty, the individual property owner’s consent to the taking is not required. However, both the United States Constitution and Arizona Constitution require that just compensation be made whenever private property is taken for public use.
When a condemning authority decides to exercise the right of eminent domain, it may extend an offer to the landowner to purchase the property. If the owner refuses, the condemning authority then files a condemnation action with the superior court to determine what amount of just compensation will be awarded.
Costs if the Proceeding is
Dismissed, Abandoned or Amended
· Requires the court to award reasonable attorney, appraisal and engineering fees actually incurred because of a condemnation proceeding if any of the following occurs:
· The final judgment is that the condemning authority, including the Arizona Department of Transportation (ADOT) cannot acquire the property by condemnation.
· The proceeding is dismissed or abandoned by the acquiring agency.
· The interest sought to be acquired is amended to the extent that the owner no longer needs to defend the proceeding.
Requirement of Written Offer and
Appraisal
· Instructs the condemning authority, including ADOT, to make a written offer to purchase the property and provide the written offer and one or more appraisals to the landowner or one lessee of record at least 20 days before filing the action for condemnation. The offer must constitute the plaintiff’s good faith estimate of just compensation.
· Stipulates that if no lease or more than one lease is recorded for the property, the condemning authority, including ADOT, must provide notice of the offer and appraisal to the party having a plain and obvious operational interest or commercial ownership by posting notice in plain sight on the property. If an unrecorded lessee with a commercial ownership or operational interest in the property requests a copy of the offer and the appraisal the plaintiff must promptly comply upon presentation of documentation by the lessee.
· Maintains that the Superior Court may waive the written offer and appraisal requirements if the court determines that the plaintiff will suffer immediate and irreparable harm that outweighs the property owner or lessee’s interest.
Definition of Value for the Interest Sought to be Acquired
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Defines value
as the most probable price that the property would bring if exposed for sale in
the open market with reasonable time allowed in which to find a purchaser who
buys with knowledge of all the uses and purposes to which the land was adapted
and for which it was capable.
Miscellaneous
· Repeals a section of law that assesses costs against a landowner who refused to accept or agree to an amount offered by a condemning authority that was equal to or greater than the just compensation awarded by the court.
· Makes technical and clarifying changes.
The CED Committee adopted a strike-everything amendment that was
further amended. The amendment to the
strike-everything amendment contains the following provisions:
· Requires the court to award reasonable attorney, appraisal and engineering fees actually incurred because of a condemnation proceeding if the final judgment is that the condemning authority, including the Arizona Department of Transportation (ADOT) cannot acquire the property by condemnation or if the proceeding is dismissed or abandoned by the acquiring agency.
· Removes the repeal of a section of law that assesses costs against a landowner who refused to accept or agree to an amount offered by a condemning authority that was equal to or greater than the just compensation awarded by the court was also removed.