The proposed legislation, known as the "Private Property Protection Act," aims to enhance the protection of private property rights in Arkansas by limiting the ability of governmental entities to impose property use restrictions. The Act establishes a new subchapter in Arkansas Code Title 18, Chapter 11, which outlines the legislative intent to safeguard property rights, emphasizing that any restrictions must be demonstrably necessary and narrowly tailored to serve a compelling governmental interest. The Act defines key terms such as "compelling governmental interest," "nuisance," and "property use restriction," and sets forth the conditions under which property use restrictions may be enforced.
Additionally, the Act provides a legal framework for property owners to challenge any restrictions that violate the established criteria. If a property owner successfully proves that a restriction is not necessary or is overly broad, the court will permanently enjoin the enforcement of that restriction and may award attorney fees and costs to the plaintiff. The legislation 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.