Arizona SB 1252: private property rights; limitation

Bill Text

SB1252 - 532R - I Ver 

 REFERENCE TITLE: private property rights; limitation

 State of Arizona

 Senate

 Fifty-third Legislature

 Second Regular Session

 2018

 SB 1252

 Introduced by 

 Senator 
 Kavanagh: Representative Rios

AN 
ACT

amending section 12‑1134, Arizona 
Revised Statutes; relating to the private property rights protection act.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it 
enacted by the Legislature of the State of Arizona:

Section 1. Subject to the requirements of article 
IV, part 1, section 1, Constitution of Arizona, section 12-1134, Arizona 
Revised Statutes, is amended to read:

START_STATUTE12-1134. Diminution 
in value; just compensation

A. If 
the existing rights to use, divide, sell or possess private real property are 
reduced by the enactment or applicability of any land use law enacted after the 
date the property is transferred to the owner and such action reduces the fair 
market value of the property the owner is entitled to just compensation from 
this state or the political subdivision of this state that enacted the land use 
law.

B. This 
section does not apply to land use laws that:

1. Limit 
or prohibit a use or division of real property for the protection of the 
public's health and safety, including rules and regulations relating to fire 
and building codes, health and sanitation, transportation or traffic control, 
solid or hazardous waste, and pollution control. ; 

2. Limit 
or prohibit the use or division of real property commonly and historically 
recognized as a public nuisance under common law. ; 

3. Are 
required by federal law. 
; 

4. Limit 
or prohibit the use or division of a property for the purpose of housing sex 
offenders, selling illegal drugs, liquor control, or pornography, obscenity, 
nude or topless dancing, and other adult oriented 
businesses if the land use laws are consistent with the constitutions of this 
state and the United States. 
; 

5. Establish 
locations for utility facilities. ; 

6. Do 
not directly regulate an owner's land. ; or

7. Were 
enacted before the 
effective date of this section December 7, 2006.

C. This 
state or the political subdivision of this state that enacted the land use law 
has the burden of demonstrating that the land use law is exempt pursuant to 
subsection B 
of this section.

D. The 
owner shall not be required to first submit a land use application to remove, 
modify, vary or otherwise alter the application of the land use law to the 
owner's property as a prerequisite to demanding or receiving just compensation 
pursuant to this section. 

E. If 
a land use law continues to apply to private real property more than ninety 
days after the owner of the property makes a written demand in a specific 
amount for just compensation to this state or the political subdivision of this 
state that enacted the land use law, the owner has a cause of action for just 
compensation in a court in the county in which the property is located, unless 
this state or political subdivision of this state and the owner reach an 
agreement on the amount of just compensation to be paid, or unless this state 
or political subdivision of this state amends, repeals, or issues to the 
landowner a binding waiver of enforcement of the land use law on the owner's 
specific parcel.

F. Any 
demand for landowner relief or any waiver that is granted in lieu of 
compensation runs with the land.

G. An 
action for just compensation based on diminution in value must be made or 
forever barred within three years of 
after the effective date of the land use 
law, or of after the first date the reduction of 
the existing rights to use, divide, sell or possess property applies to the 
owner's parcel, whichever is later. A written demand for just 
compensation made by the owner of the property pursuant to subsection E of this 
section is an exhaustion requirement that tolls the three‑year time 
period for ninety days or the length of time that it takes for this state or 
the political subdivision of this state that enacted the land use law to deny 
the written demand, whichever is less.

H. The 
remedy created by this section is in addition to any other remedy that is 
provided by the laws and constitution of this state or the United States and is 
not intended to modify or replace any other remedy.

I. Nothing 
in this section prohibits this state or any political subdivision of this state 
from reaching an agreement with a private property owner to waive a claim for 
diminution in value regarding any proposed action by this state or a political 
subdivision of this state or action requested by the property owner. END_STATUTE

Sec. 2. Requirements for 
enactment; three-fourths vote

Pursuant to 
article IV, part 1, section 1, Constitution of Arizona, sections 12-1134, 
Arizona Revised Statutes, as amended by this act, is effective only on the 
affirmative vote of at least three-fourths of the members of each house of the 
legislature.