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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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  • Preston v. Hallman (Tempe tattoo case) on FOX 10

    Posted on May 11, 2009 | Type: Video

    Tom and Elizabeth Preston wanted to open a tattoo studio in Tempe. The City gave them the go-ahead and the Prestons invested $30,000 in their studio. But Tempe revoked the permit after a neighborhood group complained that it didn't want a tattoo shop in the area. That's when the Goldwater Institute got involved, representing Tom and Elizabeth in their fight against Tempe. Shortly after oral arguments in the case, Tom Preston spoke to Fox 10 News.

  • Carrie Ann Sitren Reflects on Preston v. Hallman

    Posted on May 11, 2009 | Type: Audio

    Goldwater Institute attorney Carrie Ann Sitren spent an hour on KFNX's "Main Street Out Loud" show with Rudi K. where she discussed Preston v. Hallman (the Tempe tattoo case), just hours after a judge heard oral arguments.

  • Goldwater Institute Wins Victory on Behalf of Property Owners

    Posted on February 25, 2009 | Type: Press Release

    Phoenix--In a clear victory for property owners in Arizona, the Maricopa County Board of Supervisors today lifted a moratorium on building permits in neighborhoods surrounding Luke Air Force Base. The moratorium was the target of $20 million in legal claims filed by the Goldwater Institute on February 17 under protections provided by Prop 207, the Private Property Rights Protection Act.

  • Residents must be allowed to enforce property rights near the U.S. border

    Posted on February 24, 2009 | Type: Blog | Author: Nick Dranias

    The Washington Times recently reported that Arizona rancher Roger Barnett is being sued in federal court for $32 million because he detained 16 trespassers on his ranch at gunpoint. The trespassers were illegal immigrants and they are claiming Barnett used excessive force and conspired to violate their constitutional rights. Barnett says his actions were justified because trespassing illegal immigrants previously invaded his home, destroyed his property and killed his calves.

  • Maricopa County violating private property rights

    Posted on February 18, 2009 | Type: Blog | Author: Carrie Ann Sitren

    Arizona's Private Property Rights Protection Act (Proposition 207) remains one of the strongest pro-property rights laws in the nation. It requires government to compensate owners for land use regulations that reduce property values. A group of Maricopa County landowners near Luke Air Force Base are a perfect example of the importance of these protections.

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