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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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).
Protecting Private PropertyPosted on January 13, 2005 | Type: Blog
In an editorial (subscription required) yesterday, the Wall Street Journal urged the White House not to file an amicus brief supporting government takings of private property in the pending U.S. Supreme Court case of Kelo v. City of New London . The case involves an attempt by government officials to seize private property for an economic redevelopment project. Allowing government to arbitrarily take a person's home seems counter to President Bush's goal of creating an ownership society.
Property Rights Condemned in TempePosted on January 07, 2005 | Type: Blog
The Tempe City Council has approved condemnation of private businesses to make way for a new shopping center. The move violates a key provision of the Arizona Constitution that prohibits taking property from one private owner and turning it over to another private owner. The City's move is likely to face several court challenges.
Prettier Projects Don't Trump RightsPosted on January 06, 2005 | Type: Blog
The Tempe City Council will vote tonight on whether to condemn 214 acres of private property so it can be turned over to a private developer to build a mega shopping center. That may be a worthy project for the prime real estate, but Article 2, Section 17 of the Arizona State Constitution prohibits private property from being taken for private use.
Civil asset forfeiture called assault on private property rightsPosted on January 04, 2005 | Type: In the News
Arizona has used a legal tactic known as civil asset forfeiture to confiscate about $65 million worth of private property over the past four years.