Bill Text: AZ SB1363 | 2010 | Forty-ninth Legislature 2nd Regular | Engrossed
Bill Title: Eminent domain; governing body; vote
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2010-04-29 - House third reading , voting: (27-30-3-0) [SB1363 Detail]
Download: Arizona-2010-SB1363-Engrossed.html
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House Engrossed Senate Bill |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SENATE BILL 1363 |
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AN ACT
amending title 12, chapter 8, article 2, Arizona Revised Statutes, by adding section 12-1112.01; relating to eminent domain.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 8, article 2, Arizona Revised Statutes, is amended by adding section 12-1112.01, to read:
12-1112.01. Requirements for taking property; approval; information; applicability
A. Before property may be taken by condemnation, the governing body of a condemning entity shall vote to approve the acquisition of the property. Before the governing body votes on the matter, the following information shall be presented in a public meeting to the governing body:
1. A realistic estimate of the total cost of the condemnation.
2. An affirmation that applicable relocation costs and reestablishment expenses will, at a minimum, provide the level of assistance prescribed in 49 Code of Federal Regulations sections 24.201 through 24.503.
3. Whether there are alternatives to the condemnation and the estimated applicable relocation costs and reestablishment expenses, as prescribed in 49 Code of Federal Regulations sections 24.201 through 24.503, of any alternative plans.
4. A reasonable disclosure in writing regarding the current plans for the project, including the identification of all material aspects of the work that must be performed to complete the project.
B. Before property may be taken by condemnation by an agency of this state, the director of the agency shall approve the acquisition of the property.
C. At least thirty days before a vote pursuant to subsection A occurs or before the agency director approves the acquisition, a condemning entity shall deliver the information required by subsection A to each voting member of the governing body or to the agency director and to each property owner of record and, as a courtesy, to the sole lessee of record, if applicable, according to the records of the county recorder in the county in which the property is located.
D. This section does not apply to a public service corporation as defined in article XV, section 2, Constitution of Arizona or an agricultural improvement district organized pursuant to title 48, chapter 17.
