ARIZONA DAILY STAR: Mon., Feb. 12, 2007
Property rights law brings call for waivers
By Erica Meltzer
Proposition 207 aimed to expand property rights in Arizona. If the government changed the rules for how you could use your land, you could ask for compensation for any lost value. Now cities and counties across Arizona, including Tucson, Marana and Pima County, are asking property owners to waive those rights if they want to develop their property.
Government officials say the waivers close a loophole in the new law that could leave taxpayers vulnerable to frivolous lawsuits. Making property owners promise not to sue over the specific action they have requested - like a rezoning or conditional use permit - is OK. Making property owners promise not to sue ever over anything in exchange for a rezoning isn't OK.
While most Tucson area governments are taking the more conservative approach, property-rights advocates say some towns in the supposedly developer-friendly Phoenix area are crossing the line.
"It appears to be an attempt to repeal Proposition 207," said Clint Bolick, a senior fellow at the Goldwater Institute, a libertarian think tank. "It's unfortunate that governments are looking for ways not to comply but to evade it. It's that kind of arrogance that led voters to endorse Proposition 207."
Proposition 207 passed with almost 65% of the vote last November. It restricts the use of eminent domain for economic development purposes and allows property owners to file claims for when government land-use rules lower their property value. It was dubbed the Private Property Protection Act.
FULL STORY: http://azstarnet.com/allheadlines/168766