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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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  • Alvarez v. Smith

    Posted on August 01, 2009 | Type: Amicus Brief

    With states and cities struggling with deficits, one fertile source of revenue has been money or property seized by police in possible connection with crimes. Not to be left behind, Illinois has pursued this tactic aggressively, using a law which encourages both police departments and prosecutors to take property for forfeiture, long before the accused ever get their day in court.

  • Clint Bolick on Tempe's Motion for Reconsideration

    Posted on June 26, 2009 | Type: Audio

    The Goldwater Institute's Clint Bolick went on KFNX's "Main Street Out Loud" show to talk about the City of Tempe asking for a do-over in the tattoo case.

  • Forcing Businesses to Allow Guns May Expose State to Millions in Liability

    Posted on June 22, 2009 | Type: In the News

    Phoenix--A Goldwater Institute attorney said today that H.B. 2474, which has passed the Arizona House of Representatives and awaits action by the Senate, could expose the State of Arizona to more than $263 million in claims for compensation from property owners.

  • City of Tempe Asks for "Do Over" in Tattoo Studio Case

    Posted on June 16, 2009 | Type: Press Release

    Phoenix--The City of Tempe has filed a motion asking Judge Robert Oberbillig to give it another chance to make its case in the lawsuit filed by the Goldwater Institute on behalf of two tattoo studio entrepreneurs.

  • Guns can't trump property rights

    Posted on May 20, 2009 | Type: Blog | Author: Nick Dranias

    Concerns about safety and liability undoubtedly prompt some property owners to ban storing guns in cars parked on their property. But that does not justify using the right to bear arms as a means to limit private property rights. Recently introduced legislation in Arizona threatens to do just that.

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