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

PROPOSITION 207
Arizona 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.

Property can only be physically taken for
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Government projects
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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.

“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”

"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.

EXCEPTIONS-
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Health and safety
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Public nuisances
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Federal laws
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Utility facilities
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Enacted before Proposition 207
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Limit or prohibit housing sex offenders, selling illegal drugs, liquor control, or adult oriented businesses
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Do not directly regulate an owner’s land

 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
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in 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.
Fund for Democracy
PROVIDED OVER $1 MILLION
IN ARIZONA ALONE

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Freeze development standards;
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Regulation becomes a one-way ratchet where taxpayers can decrease regulations but can never increase regulations without paying;
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Limit local control over development approvals;

ELIMINATE/RESTRICT-
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Modifications and updates to General Plans;
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Future land use protections for military installations;
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Preservation of historic buildings;
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Neighborhood-developed area plans;
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Building design standards; and
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Modification to other regulations that impact land use such as water, sewer, drainage or transportation.
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Enactment of future property maintenance requirements.

Negative impacts:
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Cost taxpayers millions in potential takings claims and litigation;
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Hurt the economy;
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Remove funding for other government services
(such as Police and Fire);
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Eliminate an important economic development tool;
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Communities not able to remediate blight conditions;
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Limits local control over land use decisions;
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Create a new regulatory bureaucracy.

PROPOSITION 207
Arizona Planning Association
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 207
Arizona Planning Association
 www.noprop207.org
 www.planning.org/legislation/measure37/
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Email Alan Stephenson at alan.stephenson@hotmail.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