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.