Property Rights

Your home is your castle—unless the government thinks it should be a shopping center. Learn how citizens and local governments can protect homes and businesses from government takeovers.

<p>Your home is your castle—unless the government thinks it should be a shopping center. Learn how citizens and local governments can protect homes and businesses from government takeovers.</p>

In any other city, Mike Goodman would be hailed as a visionary of "smart growth." He buys dilapidated properties near Tucson's downtown core and the University of Arizona and replaces them with upscale higher-density housing that meets or exceeds zoning requirements and building standards. The developments increase property values and help alleviate the shortage of student housing.

But the City of Tucson is so ideologically anti-development that it stymies Goodman and other developers by all of the considerable means at its disposal.

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.

Just six years ago, Arizonans enacted one of the nation’s strongest protections for property rights. That measure is Proposition 207, and it says the government must compensate you when regulations reduce your property value. 

Thanks to a new law, property owners in Arizona can have their day in court. Gov. Jan Brewer’s ink on HB 2319 corrects a serious judicial error that made the court claim process so confusing that few lawyers – let alone property owners – could figure out how to seek compensation for loss of property value under Prop. 207.

Case Background

Does the government have the right to deny business permits because neighbors complain? The Arizona Supreme Court said no in its ruling on the Goldwater Institute’s case, Coleman v. Mesa.

At least one Arizona city understands that the key to economic growth is more freedom and lower costs levied on businesses.

PHOENIX — Clint Bolick looks like any other high-powered lawyer, for the most part. But glance down at his index finger, which sports a scorpion tattoo, for first-hand evidence of his unconventional streak. 

This month marks Justice Clarence Thomas’ 20th anniversary on the U.S. Supreme Court. Emerging from one of the most tumultuous confirmation battles in history, Justice Thomas has become one of the greatest Supreme Court justices in the Court's history.

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