Aspen 528 LLC v. Flagstaff

Posted on October 19, 2011 | Type: Amicus Brief
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In Arizona, a property owner's first line of defense is the Private Property Rights Protection Act ("PPRPA"), A.R.S. § 12-1134 et. seq. Alarmed by the vulnerable state of their property rights, Arizona voters sought to strengthen the protection of private property rights at the state level when they overwhelmingly enacted PPRPA in 2006. While Arizona's Constitution had contained basic eminent domain protections prior to PPRPA, state law did not require the government to compensate property owners for regulatory takings. By guaranteeing the right to compensation for regulations that diminish property values, PPRPA created new protection for property owners. PPRPA relieves the burden of achieving community desires from individual property owners and shifts those responsibilities to the government and the community at large.

To read the entire Amicus Brief, click here.

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