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.
- Press Releases
- In the News
- Amicus Briefs
- OpEds & Blogs
Doughnut HolesPosted on May 10, 2006 | Type: Blog
Appellate court opinion on doughnut shop signage contradicts U.S. Supreme Court
Pay to PlayPosted on February 24, 2006 | Type: Blog
Measure 37 is on the fast track to protecting private property rights
Making sure your land is yoursPosted on January 27, 2006 | Type: Op-Ed | Author: Benjamin Barr
Got curb appeal? Since the U.S. Supreme Court’s decision in Kelo v. City of New London, America has seen a proliferation of private property takings for things as insignificant as a property’s appearance. Local governments are abusing their power of eminent domain to create new shopping malls, condos, and industrial parks. Fortunately, the abuse can stop at Arizona’s doorstep.
This Land is My Land: Reforming Eminent Domain after Kelo v. City of New LondonPosted on January 17, 2006 | Type: Policy Report | Author: Benjamin Barr
On June 23, 2005, the U.S. Supreme Court upheld the city of New London's use of eminent domain to condemn several properties the city claimed stood in the way of additional tax revenues and new jobs. However, Justice Stevens, author of the majority opinion in Kelo, explained that nothing precludes states from restricting their takings power. Doing so is a first step toward assuring homeowners that they can keep what they own. Nationwide, states have accepted Justice Stevens' invitation and proposed statutory amendments restricting eminent domain authority. Now, Arizona should take the opportunity to reexamine its slum clearance and redevelopment statutes to help ensure the security of private property.
This Land Is Not Your LandPosted on January 12, 2006 | Type: Blog
Eminent domain reform is afoot throughout the nation. Already, many states have passed, or are in the process of passing, tough laws that prevent eminent domain abuse. On January 17, the Goldwater Institute and the Arizona Chapter of the Institute for Justice will co-host a legislative briefing detailing how Arizona can move forward with effective eminent domain reform.