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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Keeping Donut Signs LegalPosted on April 08, 2005 | Type: Blog
The Arizona Appeals Court heard oral argument yesterday in a case involving Winchell's Donut franchisee Edward Salib. Mesa officials have repeatedly cited Mr. Salib for violating the city's sign ordinance. His crime involves hanging professionally produced posters in his storefront windows. With the help of the Institute for Justice, he filed a lawsuit challenging the ordinance.
Getting Rid of BlightPosted on March 14, 2005 | Type: Blog
In an Arizona Republic article, reporter Justin Juozapavicius explains how the Mormon Church and Dennis Barney, a private developer, are slowing turning around a drug-infested Mesa neighborhood.
Clearing the Air on Arizona Private SchoolsPosted on March 10, 2005 | Type: Blog
Arizona Republic columnist E.J. Montini wants to call a spade a spade, but instead of unearthing the facts, his analysis throws up a lot of dirt about Arizona private schools.
Goldwater Institute Files U.S. Supreme Court Amicus Brief: Court to Hear Case February 22Posted on February 18, 2005 | Type: Press Release
On Tuesday, February 22, the U.S. Supreme Court will hear the case of Kelo v. City of New London, marking the first time in 50 years the court has considered the meaning of the Public Use Clause of the Fifth Amendment to the U.S. Constitution.
Expert Admits Condemnation Unnecessary in TempePosted on January 20, 2005 | Type: Blog
An environmental expert has contradicted the City of Tempe's claim that the only way to clean up property at a proposed commercial development site is to condemn private property. In other words, Tempe's use of the despotic power of eminent domain is not about cleaning up the environment. Instead, as we've suspected all along, Tempe is using eminent domain as a tool for economic redevelopment, which is prohibited by the Arizona Constitution (Art. 2, sect. 17).