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HB 1754

TO CREATE THE PRIVATE PROPERTY PROTECTION ACT; AND TO PROHIBIT CERTAIN PROPERTY USE RESTRICTIONS BY GOVERNMENTAL ENTITIES.

2025 Regular Session Introduced by Justin Gonzales

HB 1754 aimed to protect private property rights in Arkansas by limiting government restrictions, allowing owners to challenge regulations in court if deemed unnecessary.

Died in House Committee at Sine Die adjournment.
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WeVote Research Nonpartisan
Bill Summary · HB 1754

Summary of House Bill 1754: Private Property Protection Act

Bill Number: HB 1754
Introduced: March 12, 2025
Status: Died in House Committee at Sine Die adjournment on May 5, 2025
Sponsor: Representative Gonzales

Purpose and Intent

House Bill 1754, titled the Private Property Protection Act, aimed to enhance the protection of private property rights in Arkansas. The bill sought to limit the ability of governmental entities to impose restrictions on the use of private property, ensuring that such restrictions are only applied when absolutely necessary to serve a compelling governmental interest.

Key Provisions

1. Legislative Findings

  • The bill asserts the importance of protecting private property rights as outlined in the Arkansas Constitution.
  • It emphasizes that property use restrictions should be narrowly tailored and necessary to achieve a compelling governmental interest.

2. Definitions

  • Governmental Entity: Includes state agencies, counties, municipalities, and other political subdivisions.
  • Private Property: Defined to encompass land, improvements affixed to land, and property incidental to land.
  • Property Use Restriction: Any law or regulation enacted by a governmental entity that limits the use of private property.

3. Limitations on Property Use Restrictions

  • Property use restrictions must be demonstrably necessary and cannot be achieved through less restrictive means.
  • Exceptions to this rule include:
    • Actions to prevent or abate nuisances.
    • Enforcement of licenses or permits.
    • Actions resulting from final judicial determinations.
    • Private restrictive covenants unless mandated by a governmental entity.

4. Enforcement Mechanism

  • Property owners can challenge property use restrictions in court.
  • The burden of proof lies with the governmental entity to demonstrate that the restriction is the least restrictive means to achieve its stated purpose.
  • If the property owner prevails, they are entitled to reasonable attorney fees and costs.

5. Statute of Limitations

  • A five-year period is established for initiating legal action against property use restrictions, starting from the date the property owner becomes aware of the restriction.

6. Severability Clause

  • If any provision of the act is found invalid, the remaining provisions will still be enforceable.

Impact

If enacted, HB 1754 would have significantly impacted how governmental entities regulate land use and property rights in Arkansas. It would have provided property owners with a stronger legal framework to contest restrictions imposed by local and state governments, potentially leading to fewer regulations on property use.

Conclusion

Despite its introduction and initial support, HB 1754 ultimately did not progress beyond the House Committee stage and was not enacted into law. The bill reflects ongoing discussions about the balance between governmental regulation and private property rights in Arkansas.

Compiled from official sources — confirm details with the bill’s official record.

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