eminent domain; limited use
HB 2606 prohibits municipalities from exercising eminent domain, unless necessary, and from selling acquired real property for ten years after it has been acquired.
According to A.R.S. §36-1402, it is a legislative determination that unsanitary or unsafe dwelling accommodations exist and so does a shortage of safe or sanitary dwelling accommodation available for persons of low income, which in turn causes people of low income to occupy overcrowded and congested dwelling accommodations. These areas necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection and other public services and facilities. Under A.R.S. §36-1403, cities, towns and counties may acquire any real property by exercising eminent domain. A.R.S. §12-1112 lists the prerequisites for taking property by condemnation as follows:
· Its’ future use is authorized by law.
· The taking is necessary.
· The real property is already appropriated to some public use, which will then be a more necessary public use.
The uses for real property acquired by eminent domain include, but are not limited to, all public uses authorized by the United States, buildings and grounds for any public use of the State and all other public uses authorized by the legislature, and buildings and grounds for use of a county, city, town or school district.
According to A.R.S. § 36-1472, another legislative determination is that there exist in municipalities of the state redevelopment areas, which constitute a serious and growing menace, injurious and inimical to the public health, safety, morals and welfare of the residents of the state. These areas cause an increase of the spread of disease and crime, in turn causing monies being spent to preserve the public health and safety, for crime prevention and punishment, public health and safety, fire and accident protection and other public services and facilities. In order to redevelop such an area, there must be a finding of necessity by the governing body. Public housing authorities, cities, towns and counties may also determine where blighted areas exist. After this declaration has taken place, the municipality has the power to prepare and implement redevelopment plans. Although statute allows municipalities to improve these areas, it does not limit the amount of time between the acquirement of real property and the selling to others to redevelop it.
· Prohibits municipalities from exercising eminent domain unless there has been a separate determination that it is essential because the area is in blighted condition that cannot be removed without the transfer of ownership.
· Prohibits municipalities from selling, leasing or transferring real property it has acquired through eminent domain for ten years following its acquisition.
· Stipulates that the designation of a blighted area terminates after five years unless the municipality has taken a final action to remove the blighted conditions.
· Specifies that all findings of necessity underlying a designation of an area as blighted are subject to judicial review by a court as the trier of fact.
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45th Legislature
Second Regular Session 2 March 25, 2002
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