The proposed legislation, titled the "Private Property Protection Act," aims to enhance the protection of private property rights in Arkansas by prohibiting certain property use restrictions imposed by governmental entities. The bill introduces a new subchapter to the Arkansas Code, which outlines the legislative findings and intent, emphasizing the importance of safeguarding private property rights and ensuring that any restrictions on property use are strictly necessary and tailored to serve a compelling governmental interest. The act defines key terms such as "compelling governmental interest," "governmental entity," and "property use restriction," establishing a framework for evaluating the legality of such restrictions.
Furthermore, the bill sets limitations on property use restrictions, stating that they must be demonstrably necessary and cannot be achieved through less restrictive means. It provides exceptions for actions that address nuisances, enforce licenses or permits, or result from judicial determinations. Property owners affected by unlawful restrictions can challenge them in court, with the burden of proof resting on the governmental entity to justify the restriction. The act also includes a five-year statute of limitations for filing such actions and a severability clause to ensure that if any part of the act is deemed invalid, the remaining provisions will still be enforceable.