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Property Rights

A Mesa, Arizona businessman learned about eminent domain abuse the hard way. When Bailey said he didn’t want to sell his family-owned brake shop, the city tried to use its power of eminent domain to take his property and give it to a local developer in the name of economic development. Bailey won in court, and Arizona passed Proposition 207 to help protect private property from such abuse. The Goldwater Institute developed Proposition 207 and is monitoring its success, and is committed to ensuring that government respects private property.

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  • Devil of a Stadium Plan

    Posted on November 13, 2013 | Type: In the News

    ASU has received some criticism for its approach. "It's an impulse toward mission creep and empire-building," said Stephen Slivinski, a senior economist at the Goldwater Institute, a conservative think tank. "They could have sold the land, put it back on the private tax rolls and taken the proceeds for Sun Devil Stadium. Instead, they're rolling out a new product line, distorting the local market and competing unfairly with private property owners."

  • Courts should stop cities from evading property rights laws

    Posted on April 24, 2013 | Type: Blog | Author: Christina Sandefur

    Just over six years ago, Arizona voters overwhelmingly passed Proposition 207, one of the nation’s strongest protections for property rights, which requires governments to pay property owners when regulations reduce their property values.

  • Aspen v. City of Flagstaff

    Posted on April 18, 2013 | Type: Amicus Brief

    No longer able to pass the costs of regulations to individual property owners, governments like the City of Flagstaff evade paying just compensation by blocking property owners’ access to the courts. After an unsuccessful attempt to prevent the property owner in this case from enforcing his rights, Flagstaff is again trying to avoid Prop. 207 by arguing that property owners should have less time than set by statute to file a lawsuit for just compensation. Unfortunately, the Court of Appeals has sided with the city and against the intent of the voters, effectively shortening the deadline to sue under Prop. 207 by three months and blocking the property owner in this case from enforcing his rights in court.

  • Tombstone’s Posse Has Arrived

    Posted on April 09, 2013 | Type: Blog | Author: Nick Dranias

    For over a year and a half, the historic town of Tombstone, Ariz., has been in a stand-off with the U.S. Forest Service over the restoration of its municipal water system in the Huachuca Mountains.

  • Sedona Grand LLC v. City of Sedona

    Posted on June 08, 2012 | Type: Amicus Brief

    Just six years ago, Arizonans enacted one of the nation’s strongest protections for property rights, Proposition 207, which says the government must compensate you when its regulations diminish your property’s value. But that protection is under attack, because the government is realizing just how expensive these burdens can be when it actually has to pay for the consequences of its regulations. So it is unsurprising that since Prop 207’s inception, cities across Arizona have been doing their best to avoid paying the high price.

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