ARIZONA DAILY STAR: Thurs., Sept. 28, 2006
Land rights at root of Prop. 207
By Erica Meltzer
Pima County has rules — rules on open space and rules on hillside development, rules on native-plant conservation and rules on density. If Proposition 207 passes, Pima County would have to pay property owners if new rules affect their property value or else exempt them from the rules.
The proposition, known as the Private Property Protection Act, has two elements. One limits government's eminent-domain power. The other requires government to reimburse property owners if new regulations diminish their property value. Various versions of the law bounced around the Legislature this year. The only one that passed was vetoed by Gov. Janet Napolitano.
The facts about Prop. 207
The measure: Private Property Rights Protection Act. Limits cities' and counties' use of eminent domain or condemnation and forces governments to pay property owners when land-use decisions affect their value.
Core facts: Would limit government use of condemnation for economic redevelopment or slum clearance. Could also be an economic barrier to governments enacting a wide range of land-use changes, including such things as the creation of hillside development, historic or environmental overlay zones.
For and against: Supporters include Americans for Limited Government, Arizona Chamber of Commerce, Arizona Farm Bureau, Arizona Free Enterprise Club. Opponents include Center for Biological Diversity, the Sierra Club, the Sonoran Institute, Neighborhood Coalition of Greater Tucson.
Real-world impact: Supporters say the bill would help stop government from taking private property for questionable public purposes. Government officials and environmentalists say the second portion of the law will cost taxpayers millions of dollars and render local officials impotent to make land-use decisions that people want and to protect the public interest.
"Eminent domain and excessive regulation are a way government takes your property," said Lori Klein, executive director of the Arizona Home Owners Protection Effort, which is pushing the proposition. "This way they have to think about the economic implications of their actions."
FULL STORY: http://www.azstarnet.com/allheadlines/148677