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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
property rights; supporting
protections
(NOW: private property rights; supporting protections)
Purpose
Expresses support of and commitment to protecting the fundamental, constitutional human right to individual private property in Arizona and the United States.
Background
The Takings Clause of the 5th Amendment to the U.S. Constitution prohibits any person from being deprived of life, liberty or property without due process of law and prohibits private property from being taken for public use without just compensation. Additionally, the 14th Amendment to the U.S. Constitution, in part, prohibits a state from depriving any person of life, liberty or property without due process of law (U.S. Const. amend. V and XIV).
The Arizona Constitution further prohibits private property from being taken or damaged for public or private use without just compensation. When an attempt is made to take property for an alleged public use, the question of whether the use is public is determined by the judicial branch without regard to any legislative assertion that the use is public (Ariz. Const. art. 2 , § 17).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
· Expresses support of and commitment to protecting the fundamental, constitutional human right to individual private property in Arizona and the United States.
House Action
NREW 2/19/19 DPA/SE 8-4-0-1
3rd Read 3/4/19 31-28-1
Prepared by Senate Research
March 14, 2019
MH/FLF/kja