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Senate Engrossed |
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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
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 replacement costs and reestablishment expenses will, at a minimum, provide the level of assistance defined in 49 Code of Federal Regulations sections 24.201 through 24.503.
3. Whether there are alternatives to the condemnation and the estimated applicable costs and risks, as defined in 49 Code of Federal Regulations sections 24.201 through 24.503, of any alternative plans, except that this paragraph does not apply to a project the location of which is determined through a process under title 40, chapter 2, article 6.2 or if the entity is an agricultural improvement district organized pursuant to title 48, article 17 through a process under title 40, chapter 2, article 6.5
4. A Full 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 an agency of this state, the governor shall approve the acquisition of the property.
C. At least thirty days before a vote pursuant to subsection A occurs or before the governor 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 governor 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.