Landowners’ rights bill goes to Hutchinson
“With no fanfare, the Arkansas Senate on Friday sent the governor a bill aimed at protecting private property owners’ rights.
In a 31-2 vote, the Senate concurred with a House-approved amendment to Senate Bill 757 by Senate Republican leader Jim Hendren of Sulphur Springs and voted to send it to Republican Gov. Asa Hutchinson.
Hendren, the governor’s nephew, reminded senators that the Arkansas Municipal League is neutral on his legislation.
The measure gives property owners options to fight government decisions that substantially lower property values.
Under the legislation, a property owner asserting “a taking” would file suit in circuit court claiming the implementation of a state or local governmental regulatory program has permanently reduced the fair market value of his property by at least 20 percent.
Earlier this month, Hendren told lawmakers that most of his legislation is based on a successful law in Texas, and it’s designed to cause “a delay and an appropriate amount of consideration given by state agencies when they impose regulations on private property landowners.”
The lawsuit would have to be filed within 180 days after the property owner knew or should have known that the regulatory program restricted or limited the owner’s private property rights.
A jury would determine whether the owner’s property had lost at least 20 percent of its value because of the government action, Hendren said.”>
Wickline, Michael. Arkansas Online 28 March 2015.