2010 Arizona Revised Statutes
Title 41 - State Government
41-1311 Definitions

41-1311. Definitions

In this article, unless the context otherwise requires:

1. "Constitutional taking" or "taking" means that due to a governmental action or proposed governmental action private property is or will be taken and compensation to the owner of that property is required by either:

(a) The fifth or fourteenth amendment of the Constitution of the United States.

(b) Article II, section 17, Constitution of Arizona.

2. "Governmental action" or "action":

(a) Means action by a state agency consisting of:

(i) Proposed rules and emergency rules that if adopted and enforced may limit the use of private property.

(ii) Proposed or implemented licensing or permitting conditions, requirements or limitations to the use of private property.

(iii) Required dedications or exactions from owners of private property.

(b) Does not include:

(i) Activity in which the power of eminent domain is formally exercised.

(ii) Repealing rules to discontinue governmental programs or amending rules in a manner that lessens interference with the use of private property.

(iii) Law enforcement activity involving seizure or forfeiture of private property for violations of law or as evidence in criminal proceedings.

(iv) Orders that are authorized by statute, that are issued by a state agency or a court of law and that are issued as the result of a violation of state law.

3. "Private property" means any real or personal property in this state that is protected by either:

(a) The fifth or fourteenth amendment of the Constitution of the United States.

(b) Article II, section 17, Constitution of Arizona.

4. "Small business" means a corporation, partnership, limited liability company, sole proprietorship or individual operating a business for profit with not more than one hundred employees, including employees employed in any subsidiary or affiliated corporation.

5. "State agency" means an officer or unit of the executive branch of state government that is authorized by law to adopt rules. State agency does not include the legislative or judicial branches of state government, except as to action taken pursuant to title 37, chapter 7.