REFERENCE TITLE: eminent domain; governing body; vote

 

 

 

 

State of Arizona

Senate

Forty-ninth Legislature

Second Regular Session

2010

 

 

SB 1363

 

Introduced by

Senators Gray C, Gould, Pearce R: Allen S, Harper

 

 

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:

START_STATUTE12-1112.01.  Requirements for taking property; approval; information; definition

A.  Before property may be taken by condemnation, the governing body of a county, city, town, village or political subdivision 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.  A risk assessment of the condemnation that includes an estimate of the risks that is completed by an independent risk assessing agent.

3.  Whether or not there is an alternative to the condemnation and the costs and risks of the alternative plan.

B.  Before property may be taken by an agency of this state, the governor shall approve the acquisition of the property.

C.  For the purposes of this section, "risk" includes the replacement costs of reestablishing lost property, business and livelihood disrupted by the condemnation. END_STATUTE