Arkansas 2025 Regular Session

Arkansas House Bill HB1754 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 1754 3
6	6	4
7	7	By: Representative Gonzales 5
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10	10	For An Act To Be Entitled 8
11	11	AN ACT TO CREATE THE PRIVATE PROPERTY PROTECTION ACT; 9
12	12	TO PROHIBIT CERTAIN PROPERTY USE RESTRICTIONS BY 10
13	13	GOVERNMENTAL ENTITIES; AND FOR OTHER PURPOSES. 11
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16	16	Subtitle 14
17	17	TO CREATE THE PRIVATE PROPERTY 15
18	18	PROTECTION ACT; AND TO PROHIBIT CERTAIN 16
19	19	PROPERTY USE RESTRICTIONS BY 17
20	20	GOVERNMENTAL ENTITIES. 18
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22	22	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
23	23	21
24	24	SECTION 1. Arkansas Code Title 18, Chapter 11 is amended to add an 22
25	25	additional subchapter to read as follows: 23
26	26	Subchapter 9 — Private Property Protection Act 24
27	27	25
28	28	18-11-901. Title. 26
29	29	This subchapter shall be known and may be cited as the "Private 27
30	30	Property Protection Act". 28
31	31	29
32	32	18-11-902. Legislative findings and intent. 30
33	33	(a) The General Assembly finds that: 31
34	34	(1) The General Assembly has the highest interest in vindicating 32
35	35	and protecting private property rights; and 33
36	36	(2) The constitutional right to acquire, possess, and protect 34
37	37	property under Arkansas Constitution, Article 2, § 2, also embodies the 35
38	38	notion of the fundamental right to use property, including the use of 36 HB1754
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41	41	property for financial gain or benefit. 1
42	42	(b) The General Assembly intends for this subchapter to ensure that 2
43	43	property use restrictions are limited to those demonstrably necessary and 3
44	44	narrowly tailored to fulfill a compelling governmental interest. 4
45	45	5
46	46	18-11-903. Definitions. 6
47	47	As used in this subchapter: 7
48	48	(1) "Compelling governmental interest" means a governmental 8
49	49	interest of the highest order; 9
50	50	(2) "Governmental entity" means a unit of state or local 10
51	51	government, including without limitation: 11
52	52	(A) A state agency; 12
53	53	(B) A county; 13
54	54	(C) A municipality; or 14
55	55	(D) Other political subdivision of the state; 15
56	56	(3) "Nuisance" means anything that: 16
57	57	(A) Is injurious to health, indecent or offensive to the 17
58	58	senses, or an obstruction to the free use of property so as to interfere with 18
59	59	the comfortable enjoyment of life or property; or 19
60	60	(B) Unlawfully obstructs the free passage or use in the 20
61	61	customary manner of a navigable lake, river, bay, stream, canal, or basin or 21
62	62	any public park, square, street, or highway; 22
63	63	(4) "Private property" means the following that are owned by a 23
64	64	private person or private entity: 24
65	65	(A) Land; 25
66	66	(B) Property that is affixed to land, including without 26
67	67	limitation a manufactured home declared an improvement to real property; 27
68	68	(C) Property that is incidental or appurtenant to land; or 28
69	69	(D) Property that is immovable by law; and 29
70	70	(5) "Property use restriction" means a law, ordinance, 30
71	71	resolution, regulation, rule, policy, condition, test, permit, or other 31
72	72	administrative action enacted by a governmental entity on or after the 32
73	73	effective date of this act that restricts the use and enjoyment of private 33
74	74	property by the property owner or other person in lawful possession of the 34
75	75	private property. 35
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79	79	18-11-904. Limitations on property use restrictions — Exceptions. 1
80	80	(a) Except as provided in subsection (b) of this section, a property 2
81	81	use restriction related to a planning board, the planning or zoning of 3
82	82	property, local regulation of a subdivision, or land use planning shall be 4
83	83	limited to restrictions that are demonstrably necessary and narrowly tailored 5
84	84	to fulfill a compelling governmental interest that cannot be achieved through 6
85	85	less restrictive means. 7
86	86	(b) This section does not apply to: 8
87	87	(1) Actions that prevent or abate nuisances; 9
88	88	(2) The enforcement of the terms of a license, permit, or 10
89	89	authorization, including requirements imposed by federal law; 11
90	90	(3) An enforcement action by a governmental entity that is the 12
91	91	result of a final, nonappealable judicial determination; or 13
92	92	(4) A restrictive covenant entered into between private parties, 14
93	93	unless the implementation or adoption of the restrictive covenant was 15
94	94	required by a governmental entity. 16
95	95	17
96	96	18-11-905. Enforcement. 18
97	97	(a) An owner of private property that is subject to a property use 19
98	98	restriction in violation of § 18 -11-904 may file an action in a court of 20
99	99	competent jurisdiction to challenge the property use restriction. 21
100	100	(b) The plaintiff shall prevail in an action filed under this section 22
101	101	unless the governmental entity demonstrates to the court that: 23
102	102	(1) The property use restriction is demonstrably necessary and 24
103	103	narrowly tailored to fulfill a compelling governmental interest; 25
104	104	(2) The property use restriction is the least restrictive means 26
105	105	to achieve the stated purpose of the restriction; and 27
106	106	(3) Reasonable alternatives could not achieve the stated 28
107	107	interest of the governmental entity. 29
108	108	(c) If a plaintiff prevails in an action under subsection (b) of this 30
109	109	section, the court shall permanently enjoin further enforcement of the 31
110	110	property use restriction and shall award reasonable attorney fees and costs 32
111	111	to the plaintiff. 33
112	112	(d) This section does not supersede or preempt an existing cause of 34
113	113	action that a person has under the United States Constitution, Arkansas 35
114	114	Constitution, a statute, or common law. 36 HB1754
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118	118	18-11-906. Statute of limitation. 2
119	119	The period prescribed for the commencement of an action under § 18 -11-3
120	120	905 is five (5) years from the date a person becomes aware of or reasonably 4
121	121	may have become aware of the cause of action having accrued. 5
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123	123	SECTION 2. DO NOT CODIFY. Severability clause. 7
124	124	If any provision of this act or the application of this act to any 8
125	125	person or circumstance is held invalid, the invalidity shall not affect other 9
126	126	provisions or applications of this act that can be given effect without the 10
127	127	invalid provision or application, and to this end, the provisions of this act 11
128	128	are declared severable. 12
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