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18-15-1702. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-1702. Definitions.
As used in this subchapter:
(1) “Fair market value” means the price a willing buyer would pay a willing seller after considering all factors in the marketplace that influence the price of private real property;
(2) “Governmental unit” means the state and any of its agencies or political subdivisions;
(3) “Owner” means a person with legal or equitable title to affected private real property at the time a taking occurs;
(4) “Real property” means real property, the use of which is directly controlled or regulated by a regulatory program;
(5)(A) “Regulatory program” means a rule, regulation, law, or ordinance that affects the fair market value of real property.
(B) “Regulatory program” includes without limitation moratoriums on growth, aesthetic or scenic districts, environmental districts, overlay districts, green space ordinances, landscape ordinances, tree ordinances, land use planning programs, and zoning programs by a governmental unit when the regulatory program is not designed to carry out or protect the adopted plans of a governmental unit that are designed to protect the health, safety, or welfare of the citizens.
(C) “Regulatory program” does not include a moratorium enacted to give a municipality time to adopt or amend plans and ordinances; and
(6) “Territorial jurisdiction” means the territorial jurisdiction of a municipality as described in § 14-56-413.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-1702
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:18-15-1702
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2fccebe98270e3ada4e81fe8bdc1ba5a8a10607f8d149e5745cafa16424118d4
Source location: content.xml paragraph 5055
Stored source content
18-15-1702. Definitions.
As used in this subchapter:
(1) “Fair market value” means the price a willing buyer would pay a willing seller after considering all factors in the marketplace that influence the price of private real property;
(2) “Governmental unit” means the state and any of its agencies or political subdivisions;
(3) “Owner” means a person with legal or equitable title to affected private real property at the time a taking occurs;
(4) “Real property” means real property, the use of which is directly controlled or regulated by a regulatory program;
(5)(A) “Regulatory program” means a rule, regulation, law, or ordinance that affects the fair market value of real property.
(B) “Regulatory program” includes without limitation moratoriums on growth, aesthetic or scenic districts, environmental districts, overlay districts, green space ordinances, landscape ordinances, tree ordinances, land use planning programs, and zoning programs by a governmental unit when the regulatory program is not designed to carry out or protect the adopted plans of a governmental unit that are designed to protect the health, safety, or welfare of the citizens.
(C) “Regulatory program” does not include a moratorium enacted to give a municipality time to adopt or amend plans and ordinances; and
(6) “Territorial jurisdiction” means the territorial jurisdiction of a municipality as described in § 14-56-413.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-56-413. Territorial jurisdiction.
(a)(1)(A) The territorial jurisdiction of the governing body of a municipality for the purpose of this subchapter shall not exceed the limits stated under this subsection.
(B) If the territorial limits of two (2) or more municipalities conflict, the limits of their respective territorial jurisdictions shall be a line equidistant between them, or as agreed on by the respective municipalities.
(2) In addition to the powers under this subchapter, cities now having eight thousand (8,000) population or more shall have the authority to administer and enforce planning ordinances outside their corporate limits as follows:
(A) For cities of eight thousand (8,000) to sixty thousand (60,000) population, the jurisdictional area will be one (1) mile beyond the corporate limits;
(B) For cities of sixty thousand (60,000) to one hundred fifty thousand (150,000) population, the jurisdictional area will be two (2) miles beyond the corporate limits; and
(C)(i) For cities of one hundred fifty thousand (150,000) population and greater, the jurisdictional area will be three (3) miles beyond the corporate limits.
(ii) Upon July 3, 1989, no city with a population in excess of one hundred fifty thousand (150,000) persons shall exercise any zoning authority outside the boundaries of the county wherein it is located without the approval of the quorum court of the county wherein the city is not located and the approval of the governing bodies of all other cities having zoning authority over the area.
(3) Cities having a population of eight thousand (8,000) persons or less:
(A) Shall have a jurisdictional area that does not exceed one (1) mile beyond the corporate limits; and
(B) Shall not exercise any zoning authority outside the corporate l
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-56-413
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-56-413. This identifies an authority to review, not proof of applicability.