eminent domain
HB2487 reclassifies
redevelopment areas as slum or blighted areas and makes changes to the
regulations of the powers of eminent domain as they relate to slum and blighted
areas.
In 1954, the Legislature added statute that relates to redevelopment areas that were acquired by the state through exercising eminent domain. Originally, the language was worded as “slum or blighted”. In 1997, “slum and blighted” was changed to “redevelopment” throughout statute.
According to Article 2, Section 17 of the Arizona State Constitution, private land shall not be taken for public use except for private ways of necessity, and for drains, flumes, or ditches, on or across the lands of others for mining, agricultural, domestic, or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having first been made, paid to the court for the owner, secured by bond as may be fixed by the court, or paid to the state treasury for the owner. The Constitution also specifies that no right-of-way shall be appropriated for the use of any corporation other than municipal, until full compensation has been first made in money, or ascertained and paid to the court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury is waived as in other civil cases in courts of record, in the manner prescribed by law. The question of whether or not it has been taken for private use must be answered judicially.
· Reclassifies redevelopment areas as slum or blighted areas throughout statute.
· Changes the heading of title 36, chapter 12, article 3 of the Arizona Revised Statues from Redevelopment Areas to Slum Clearance and Redevelopment.
· Defines blighted area as an area, other than a slum area, where sound municipal growth and the provision of housing accommodations is substantially retarded or arrested by any of the following in at least 85% of the properties in several areas, including but not limited to unsanitary or unsafe conditions, diversity of ownership, and defective or unusual conditions of life, deterioration of site or other improvements.
· Repeals the definition of redevelopment area.
· Defines slum area as an area where there is a predominance of buildings or improvements, both residential and nonresidential and the public health, safety, or welfare is threatened because of any dilapidated, deteriorated, aging or obsolescent buildings or improvements, inadequate provision for ventilation, light, air, sanitation or open spaces, overcrowding and conditions that endanger life or property by fire and other causes.
· Prohibits a municipality from exercising the power of eminent domain unless the municipality makes a separate determination that the use of eminent domain is essential because the slum or blighted condition cannot be removed without the transfer of ownership. The municipality may not sell, lease, or otherwise transfer real property it acquires through eminent domain for a period of ten years.
· Requires the designation of an area as slum or blighted to terminate five years after the designation as such unless the municipality has taken final action to remove the slum or blighted conditions.
· States that all findings of necessity underlying a designation of slum or blight are subject to judicial review by a court as the trier of fact.
· Adds slum clearance to the title of a Redevelopment Commission.
· Specifies that a municipality shall not prepare a redevelopment plan until the local governing body has declared the area to be slum or blighted in need of redevelopment and that the plan shall be designed to prevent the recurrence of slum or blighted conditions, rather than qualify as a redevelopment area.
· States that if the hearing is done predominantly for a blighted area, the local governing body must also find that the development of the area for predominantly residential uses is an integral part and essential to the program of the municipality for the elimination of the slum or blighted area of a redevelopment project area.
· States that the municipality must also take into consideration the prevention of the recurrence of slum or blighted areas when determining the fair value of the use of real property in accordance with the redevelopment plan.
· Makes numerous technical and conforming changes.
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45th Legislature
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Second Regular Session 3 March
19, 2002
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