May 25, 2006
The Arizona Senate passed out Senator Chuck Gray’s Private Property Protection Bill today by a vote of 19 to 8. The bill places reasonable restrictions on a municipalitiy’s ability to declare slum areas and limits use of this type of eminent domain to the clearance and removal of slum conditions in a slum area. It also precludes the use of slum clearance areas being redeveloped for the sole purpose of increasing tax revenues.
This has always been a David and Goliath type fight. The cities have all the money, lawyers and resources necessary to intimidate and overpower the owner of the property. The property owner is therefore left at a distinct disadvantage and many times must simply acquiesce to city demands for lack of resources to fight city hall. This bill will level the playing field and allow homeowners and small businesses to clean up any slum conditionswithnout the property being taken through eminent domain. If the property owner decides NOT to clean up the slum conditions, the city may still take the property but at least the owner has a fighting chance.
