Land Use Regulation in Arizona After the Private Property Rights Protection Act

Abstract

In November 2006, Arizona voters passed Proposition 207, the Private Property Rights Protection Act, a law that requires the state or any county, city, or town to pay compensation when a land use regulation results in any decrease in a landowner's property value. Since the law's enactment, local governments in Arizona have proved reluctant to effect new land use regulations or make changes to those already existing. But while Proposition 207 is restrictive, it also contains several exceptions for situations where value-reducing regulations do not require compensation. This Note argues that local governments should make full use of these exceptions in order to continue to regulate land use when important and necessary.

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51 Ariz. L. Rev. 211 (2009)

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Authors

Jeffrey L. Sparks (University of Arizona)

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