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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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  • Downing/Salt Pond Partners, L.P. v. State of Rhode Island, Et Al

    Posted on September 23, 2011 | Type: Amicus Brief

    Pursuant to a permit issued by the Rhode Island Coastal Resources Management Council (CRMC), a developer built 26 of 79 planned homes and installed infrastructure between 1992 and 2007. The Rhode Island Historic Preservation and Heritage Commission (HPHC) became interested in the site and recommended withdrawal of the permit or requiring a complete archaeological data recovery project. In 2009, after informal negotiations, the developer notified the HPHC that it would resume construction absent some response from the agencies. The developer resumed construction and a stop-work order issued.

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  • Colony Cove Properties v. City of Carson, CA and City of Carson Mobile-Home Park Rental Review Board

    Posted on September 14, 2011 | Type: Amicus Brief

    When state and local governments violate federal constitutional rights (e.g., First Amendment free speech), they can be sued in federal court — except when that government action violates the Fifth Amendment's protections for property rights.

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  • Pima County has super-sized plan for starving private property rights

    Posted on February 08, 2011 | Type: Blog | Author: Christina Kohn

    Uncle Sam wants to replace the fast food in your diet with government pork. Arizona’s Pima County is one of 44 municipalities receiving federal stimulus money to address obesity within its borders.

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  • 100 Ideas for 100 Days 2011

    Posted on November 23, 2010 | Type: Policy Report

    Under the state constitution, Arizona’s elected officials have the responsibility to protect individual rights and promote limited government. The Goldwater Institute presents 100 Ideas for 100 Days so policymakers at every level of government can enter 2011 with a bundle of suggestions to increase the state’s prosperity and expand freedom.

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  • Coleman v. Mesa

    Posted on March 26, 2010 | Type: Case

    Does the government have the right to deny business permits because neighbors complain? The Arizona Supreme Court said no in its ruling on the Goldwater Institute’s case, Coleman v. Mesa.

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