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> NOW: Private Property Rights Protection Act
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NOW: Private Property Rights Protection Act
Our Position: oppose
Bill Number: SCR1019
Sponsor: Bee, Bennett, R. Burns, et al
Legislative Session: 2006 Legislative Session
It refers to the ballot a measure that requires governments to compensate property owners for nearly every zoning or land use decision they make. If adopted, this measure would either have a huge negative financial impact, draining funds from important public services, or, more likely result in no enforcement of land use protections. The current zoning in cities, towns and counties would be effectively frozen, preventing government from responding to future community concerns, including possible re-zoning
Status
They did a last minute strike everything on HCR2002 and it passed out of the Senate 17-11-2. They could not get the votes in the House, however, so it died. That is very good news.
Action Needed
This is dead. No action is needed.
More information
For detailed status and to review the bill, go to http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=SCR1019
Contact
Sandy Bahr at (602) 253-8633 or sandy.bahr@sierraclub.org
Background
SCR1019 is being promoted by an out-of-state organization called Americans for Limited Government that will not have to live with the consequences of this costly and unwise referendum. Examples of actions that could trigger lawsuits and payment from government if SCR1019 is referred to the ballot and passed by the voters: - Approval of wash or hillside protection ordinances.
- Approval or disapproval of historic overlay zoning.
- Enforcement or enactment of neighborhood or wildlife habitat preservation measures.
- Approval of buffer areas near preserves or important wildlife habitat areas.
- Nearly every land use protection.
This measure opens the door for anyone with the perception that there has been some reduction in property value to file a claim for compensation with their local government. We oppose this concurrent resolution for several reasons. (1) This measure muddies the water by connecting and confusing the power of condemnation and the issues relative to land use regulation and whether or not a regulatory taking has occurred. While there may need to be some clarification relative to what constitutes a public use relative to condemnation, surely no one can believe that our land use laws in Arizona are too stringent. Development is going at a breakneck speed already and our communities and infrastructure are suffering. (2) This measure will be costly to taxpayers in our cities, towns, and counties, especially those who are trying to implement meaningful planning for open space, transportation, and other quality of life issues. What will this do to the budgets of communities that are already struggling to make ends meet? (3) It only looks at one side of the issue relative to government regulation of property. Government actions often give value to private property via infrastructure and other services. This measure only looks at actions that potentially devalue property. It also does not account for the impact on surrounding neighbors, but only addresses the property subject to the government action. If my property is devalued by the building or expansion of a freeway nearby, I am not entitled to compensation. This is a clear double standard. (4) It is unnecessary. The United States and Arizona Constitutions as interpreted by the courts provide strong protection for private property rights. The Arizona Legislature has attempted to win passage of takings measures in the past; legislators have rejected most of these measures and the Arizona voters rejected the one that was referred to the ballot by the citizens. In 1992, the legislature passed a takings measure that was referred by organizations opposed to it and then it was overwhelmingly rejected by the voters in 1994 (60% to 40%). There is no reason to take a different approach now, please reject this ill-conceived measure.
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