PROPOSITION 207Arizona Planning Association Proposition 207 Language Proposition 207 Supporters Community Impacts Please vote by mail or early ballot
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.
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.
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”
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.
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
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.
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
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
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.
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.
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.
PROPOSITION 207Arizona Planning Association • www.noprop207.org • www.planning.org/legislation/measure37/ • Email Alan Stephenson at email@example.com for additional information.
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