Arizona Private Property Rights, Proposition 300 (1994)
Proposition 300 would have required the state government to examine the costs of new rules and regulations to private property owners and, if necessary, provide just compensation.
|Arizona Proposition 300 (1994)|
Official results via: Arizona Secretary of State
Text of measure
The summary of Proposition 300 provided by the Legislative Council read:
Proposition 300 allows the voters to approve or disapprove the provisions protecting private property rights contained in section 1 of Senate Bill 1053 that was passed by the Legislature in 1992. If Proposition 300 passes, section 1 will become law. This proposition would not change the existing law on whether or how much a property owner should be paid as compensation for a governmental action. Under the Constitution of the United States and the Constitution of Arizona, the government may not take private property for public purposes without compensating the property owner. Courts have said that a taking may occur even when the government doesn't acquire title to the property. Some regulations restricting the use of property may be found so restrictive that they really take the property. Proposition 300 would require state agencies, before a taking results, to examine their activities, including rules and other regulatory actions that affect the use of property, to determine if the action requires compensation from the state. The agency's review would have to include consideration of the principles and standards contained in Proposition 300 and guidelines adopted by the State Attorney General, including an analysis of potential costs of, and alternatives to, the proposed action. An agency may take action to protect the public health or safety, but only if the agency has specifically identified the particular risk involved and has determined that the agency's proposed action is no more than is necessary to address that risk. Under Proposition 300 the State Attorney General would adopt guidelines to help state agencies to determine the kinds of activities that might require compensating the property owner under the Constitution. The Attorney General would then determine whether the guidelines apply to a proposed action. After reviewing each proposed action and before taking the action, the state agency would submit the review to the Governor and the Legislature.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 37, chapter 2, Arizona Revised Statutes, is amended by adding article 2.1, to read:
Note: Deleted language is crossed out, added language is capitalized.
- Arizona Farm Bureau Federation
- Arizona Cattlemen's Association
- Arizona Chamber of Commerce
- Arizona Department of Commerce
- Arizona Department of Real Estate
- Arizona State Land Department
- Arizona Association of Realtors
- Southern Arizona Work Group
Arguments in favor of the amendment included:
- If the state government regulates the uses of private property, it should be prepared to pay some of the costs involved in those regulations.
- The proposition forces the state government to consider the impact of new rules and regulations on private property prior to taking action.
Those in opposition included:Cite error: Invalid
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- Arizona Community Protection Committee
- League of Women Voters of Arizona
- Arizona Parks and Recreation Association, Inc.
- The Neighborhood Coalition of Greater Tucson
- Arizona Consumers' Council
- Arizona Public Health Association
- Arizona Branch of American Association of University Women
- Neighborhood Coalition of Greater Phoenix
- Arizona Wildlife Federation
- Southwest Archaeology Team
- Arizona Preservation Foundation
- Pima County Board of Supervisors
- Arizona Archaeological Council
- Arizona Common Cause
- Arizona Toxics Information
- Sierra Club, Grand Canyon Chapter
- Willo Neighborhood Association
Arguments in opposition of the amendment included:
- Taxpayers would be paying companies and individuals to follow regulatory standards.
- State of Arizona 1994 ballot propositions guide
- Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
State of Arizona
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