Arkansas 2025 Regular Session

Arkansas House Bill HB1448 Compare Versions

Only one version of the bill is available at this time.

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1	1	Stricken language would be deleted from and underlined language would be added to present law.
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3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 1448 3
6	6	4
7	7	By: Representative Puryear 5
8	8	By: Senator J. Petty 6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO AMEND THE LAW CONCERNING MUNICIPAL PLANNING 9
12	12	AREAS; TO REQUIRE NOTICE AND COMPENSATION TO PROPERTY 10
13	13	OWNERS; AND FOR OTHER PURPOSES. 11
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16	16	Subtitle 14
17	17	TO AMEND THE LAW CONCERNING MUNICIPAL 15
18	18	PLANNING AREAS; AND TO REQUIRE NOTICE 16
19	19	AND COMPENSATION TO PROPERTY OWNERS. 17
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21	21	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
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23	23	SECTION 1. Arkansas Code § 14 -56-412(g), concerning powers and duties 21
24	24	of a municipal planning commission, is amended to read as follows: 22
25	25	(g)(1) Referral to Bodies Responsible for Land Acquisition. After 23
26	26	adoption and filing as provided of a community facilities plan or a master 24
27	27	street plan, no parcel of land indicated by the plan which lies within the 25
28	28	bounds of a proposed public use facility or mapped street shall be privately 26
29	29	developed until the public board, commission, or body having jurisdiction or 27
30	30	financial responsibility for the reserved area shall have refused in writing 28
31	31	to execute a written option negotiated in good faith by the public board, 29
32	32	commission, or body and the property owner or to file suit for condemnation 30
33	33	to acquire the area. 31
34	34	(2)(A) This refusal Except as provided in subdivision (g)(2)(E) 32
35	35	of this section, a written refusal to execute a written option or to file 33
36	36	suit for condemnation to acquire the area under subdivision (g)(1) of this 34
37	37	section shall be given by the public board, commission, or body within one 35
38	38	(1) year of from the date the action is requested by the property owner. 36 HB1448
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41	41	(B) This The restriction on private development under 1
42	42	subdivision (g)(1) of this section may be enforced for the specified one (1) 2
43	43	year period by the refusal to issue building permits or by other methods. 3
44	44	(C) However, it The restriction on private development 4
45	45	under subdivision (g)(1) of this section may be enforced only in cases where 5
46	46	in which regulations governing the development and subdivision of land do not 6
47	47	apply. 7
48	48	(D) If the public board, commission, or body does not 8
49	49	execute a written refusal, execute a written option, or file a suit for 9
50	50	condemnation within the time period prescribed in subdivision (g)(2)(A) of 10
51	51	this section: 11
52	52	(i) The parcel of land shall be released from 12
53	53	reservation; and 13
54	54	(ii)(a) The public board, commission, or body shall 14
55	55	pay the owner of the parcel of land reasonable compensation for the 15
56	56	diminished value of the parcel of land during the period prescribed in 16
57	57	subdivision (g)(2)(A) of this section. 17
58	58	(b) Reasonable compensation under subdivision 18
59	59	(g)(2)(D)(ii)(a) of this section shall be determined by the amount that the 19
60	60	value of the parcel of land diminished as a result of the delay in the 20
61	61	development of the parcel of land required by the reservation of the parcel 21
62	62	of land by the public board, commission, or body having jurisdiction. 22
63	63	(E) For a community facilities plan or a master street 23
64	64	plan approved on or before the effective date of this act , written refusal to 24
65	65	execute a written option or to file suit for condemnation to acquire the area 25
66	66	under this subsection shall be given by the public board, commission, or body 26
67	67	within six (6) months from the effective date of this act. 27
68	68	28
69	69	SECTION 2. Arkansas Code § 14 -56-422(1), concerning the procedure for 29
70	70	the adoption of plans, ordinances, and regulations by a municipal planning 30
71	71	commission, is amended to read as follows: 31
72	72	(1)(A) The planning commission shall hold a public hearing on 32
73	73	the plans, ordinances, and regulations proposed under this subchapter. 33
74	74	(B) Notice of public hearing shall be published in a 34
75	75	newspaper of general circulation in the city at least one (1) time fifteen 35
76	76	(15) days prior to the hearing. 36 HB1448
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79	79	(C) Notice by first class mail to the boards of directors 1
80	80	of all school districts affected by a proposed plan, ordinance, or regulation 2
81	81	shall be provided sufficiently in advance to allow representatives of all 3
82	82	affected school districts a reasonable opportunity to submit comments on any 4
83	83	proposed plan, ordinance, or regulation . 5
84	84	(D) Notice by first class mail to the owner of a parcel of 6
85	85	land affected by a proposed plan, ordinance, or regulation shall be provided 7
86	86	sufficiently in advance to allow any owner of an affected parcel of land a 8
87	87	reasonable opportunity to submit comments on the proposed plan, ordinance, or 9
88	88	regulation; 10
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