Arizona Proposition 207, a 2006

ballot initiative A popular initiative (also citizens' initiative) is a form of direct democracy by which a petition meeting certain hurdles can force a legal procedure on a proposition. In direct initiative, the proposition is put directly to a plebiscite o ...

officially titled the Private Property Rights Protection Act, requires the government to reimburse land owners when regulations result in a decrease in the property's value, and also prevents government from exercising

eminent domain Eminent domain, also known as land acquisition, compulsory purchase, resumption, resumption/compulsory acquisition, or expropriation, is the compulsory acquisition of private property for public use. It does not include the power to take and t ...

on behalf of a private party. It was approved by a 64.8% margin. The land use portion of this proposition is similar to

Oregon Oregon ( , ) is a U.S. state, state in the Pacific Northwest region of the United States. It is a part of the Western U.S., with the Columbia River delineating much of Oregon's northern boundary with Washington (state), Washington, while t ...

's 2004 Ballot Measure 37, and the eminent domain portion is similar to initiatives advanced in numerous states following the 2005 US Supreme Court decision in ''

Kelo v. City of New London ''Kelo v. City of New London'', 545 U.S. 469 (2005), was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private owne ...

''.

The Private Property Rights Protection Act

Proposition 207, which was officially titled the “Private Property Rights Protection Act,” has been codified at Ariz. Rev. Stat. section 12–1134. The Act provides that “ the existing rights to use, divide, sell or possess private real property are reduced by...any land use law enacted after the date the property is transferred to the owner and such action reduces the fair market value of the property the owner is entitled to just compensation �� Landowners are entitled to compensation only if the challenged regulation continues to apply to their property 90 days after filing a claim, allowing the government to grant waivers in lieu of compensation. The Act specifically declares that waivers run with the land and are not personal to the owners that first obtain them. The Act exempts the following categories of regulation from the compensation/waiver requirement: (1) laws intended to protect the

public health Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the de ...

and safety (e.g. building codes, health and sanitation laws, transportation and

traffic control Traffic management is a key branch within logistics. It concerns the planning, control and purchasing of transport services needed to physically move vehicles (for example aircraft, road vehicles, rolling stock and watercraft) and freight. Traff ...

, solid and hazardous waste regulations, and pollution controls); (2) law that “ mit or prohibit the use or division of real property commonly and historically recognized as a public nuisance under common law”; (3) regulations required under federal law; (4) regulations of adult businesses, housing for sex offenders, liquor, and other undesirable uses; (5) laws necessary to establish locations for utility facilities; (6) laws that “ not directly regulate an owner’s land”; and (7) laws enacted before Proposition 207. Although opponents to Proposition 207 argued that the law would result in many lawsuits, few have been brought.

Supporters

The campaign for Proposition 207 was funded almost entirely from outside the state of Arizona, through groups run by New York libertarian and real estate developer

Howie Rich Howard S. Rich, also known as Howie Rich is an American real estate investor who is notable for funding libertarian-oriented political initiatives such as term limits, school choice, parental rights regarding education, limited government, a ...

. Advocates of Proposition 207 said it prevents the government from taking private property for third-party private development merely to increase

tax revenue Tax revenue is the income that is collected by governments through taxation. Taxation is the primary source of government revenue. Revenue may be extracted from sources such as individuals, public enterprises, trade, royalties on natural reso ...

, and ensures just compensation for property owners in public use takings and when governmental regulation devalues property. The

Goldwater Institute The Goldwater Institute is a conservative and libertarian public policy think tank located in Phoenix, Arizona, whose stated mission is "to defend and strengthen the freedom guaranteed to all Americans in the constitutions of the United States and ...

claims credit for developing the policy proposal.

Opponents

Opponents to Proposition 207 said the measure would limit the ability of the state, counties, cities and towns to implement

land use Land use is an umbrella term to describe what happens on a parcel of land. It concerns the benefits derived from using the land, and also the land management actions that humans carry out there. The following categories are used for land use: fo ...

regulations that might have the impact of reducing property values. Large landowners and corporations could demand huge payouts from state and local taxpayers just by claiming a law has harmed the value of their property or business, no matter how important the law may be or how far-fetched the claim.

References

{{reflist

External links

Text of Proposition 207

Arizona election results
2006 Arizona elections 2006 ballot measures in the United States Arizona ballot measures Initiatives in the United States

The Private Property Rights Protection Act

Supporters

Opponents

See also

References

External links