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