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PROPOSITION 207. PROPOSITION 207 Arizona Planning Association. Proposition 207 Language Proposition 207 Supporters Community Impacts Please vote by mail or early ballot. PROPOSITION 207 Arizona Planning Association. What is Proposition 207?

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PROPOSITION 207Arizona Planning Association

Proposition 207 Language

Proposition 207 Supporters

Community Impacts

Please vote by mail or early ballot


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PROPOSITION 207Arizona Planning Association

What is Proposition 207?

Regulatory Takings- When a government deprives

a person of the use of property by the application of

regulations without compensating the owner.

Eminent Domain- Fifth Amendment allows for

the taking of private property for a public use

so long as just compensation is paid.


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Eminent Domain Effects

Property can only be physically taken for

  • Government projects

  • Literal safety issues

    Courts will no longer be able to weigh public benefits

    against private controls in determining a public use in

    slum and blight areas.

    Proposition 207 will limit future economic

    redevelopment opportunities and require the public to

    endure blight conditions.


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Regulatory Takings Effects

“if the existing rights to use, divide, sell or possess property are reduced by the enactment or applicability of any land use law and such action reduces the fair market value of the property the owner is entitled to just compensation from this state or political subdivision that enacted the land use law”


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Regulatory Takings Effects

"land use law" means any statute, rule, ordinance, resolution or law enacted by this state or a political subdivision of this state that regulates the use or division of land or any interest in land or that regulates accepted farming or forestry practices.


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Regulatory Takings Effects

EXCEPTIONS-

Health and safety

Public nuisances

Federal laws

Utility facilities

Enacted before Proposition 207

Limit or prohibit housing sex offenders, selling illegal

drugs, liquor control, or adult oriented businesses

Do not directly regulate an owner’s land


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Oregon Measure 37 (similar)

  • Ratified by voters in 2004- requires all land use regulations which diminish property value to be compensated by the government (taxpayers).

  • Approximately 2,940 claims

  • Over $5 Billion dollarsin compensation requested.

  • New bureaucratic process to evaluate Measure 37 claims.


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PROPOSITION 207 SUPPORTERS

New York Real Estate

Developer- Howie Rich

has provided funding to

Americans for Limited

Government and the Fund for

Democracy to pay for the

western property rights initiatives.

PROVIDED OVER $1 MILLION IN ARIZONA ALONE

Fund for Democracy


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Community Impacts

Freeze development standards;

Regulation becomes a one-way ratchet where taxpayers can decrease regulations but can never increase regulations without paying;

Limit local control over development approvals;

No on Prop 207


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Community Impacts

ELIMINATE/RESTRICT-

Modifications and updates to General Plans;

Future land use protections for military installations;

Preservation of historic buildings;

Neighborhood-developed area plans;

Building design standards; and

Modification to other regulations that impact land use

such as water, sewer, drainage or transportation.

Enactment of future property maintenance

requirements.


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Community Impacts

Negative impacts:

Cost taxpayers millions in potential takings claims

and litigation;

Hurt the economy;

Remove funding for other government services

(such as Police and Fire);

Eliminate an important economic development

tool;

Communities not able to remediateblight conditions;

Limits local control over land use decisions;

Create a new regulatory bureaucracy.


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PROPOSITION 207Arizona Planning Association

No on Prop 207

Please tell

  • Family and friends,

  • co-workers and others in your area,

  • Neighbors and HOA’s

    Email/Write

  • A letter to the editor

  • A letter to HOA’s in your community

    • AzPA members can send letters on your own time so long as you do not use government resources.


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PROPOSITION 207Arizona Planning Association

  • www.noprop207.org

  • www.planning.org/legislation/measure37/

  • Email Alan Stephenson at [email protected] for additional information.


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Anti-government groups are using the political capital of property rights groups and recent eminent domain controversies to slip through laws which will ELIMINATE LOCAL land use INPUT-

NO ON PROP 207


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