Bill filed to Amend Arkansas Eminent Domain Law

January 17, 2013

A billed was filed today by Representative Nate Bell to amend Arkansas Eminent Domain Law. Essentially, the bill is a property owner protection legislation that attempts to address US Supreme Court's Kelo v. City of New London decision.

In Kelo, the USSC authorized the use of eminent domain to transfer land from one private owner to another private owner to further economic development. In a 5–4 decision, the USSC held that the general benefits a community enjoyed from economic growth qualified private redevelopment plans as a permissible "public use" under the Takings Clause of the Fifth Amendment.

Representative Bell's proposed Arkansas Eminent Domain Law would prohibit the use of eminent domain in Arkansas to acquire land from one private owner and transfer it to another private owner for economic development. It provides that emient domain should only be available to public agencies or for a public purpose. Further, it limits the use of Arkansas Eminent Domain Law by the private sector except for: privately owned utilities; electric cooperatives; publicly owned utilities; utilities owned by improvement districts; pipeline companies; and other common carriers.

You can review the proposed Arkansas Eminent Domain Law and follow its journey through the legislature by clicking the link below:

Representative Bell's proposed Arkansas Eminent Domain Law

At Moffitt & Phillips, we support legislation that protects Arkansas property rights. We encourage you to contact your state legislator and request support this legislation.

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