7.
City Council Special Work Session
- Meeting Date:
- 10/24/2017
- From:
- Kevin Fincel, Deputy City Attorney
TITLE
Overview of Proposition 207 (A.R.S. § 12-1134).
STAFF RECOMMENDED ACTION:
Information only
EXECUTIVE SUMMARY:
In preparation for upcoming Council discussions regarding proposed zoning code amendments, the City Attorney's Office will provide a brief overview of the Private Property Rights Protection Act, in particular A.R.S. § 12-1134, which is commonly referred to as Prop. 207. The discussion will be limited to the general requirements of the law. No legal advice will be provided. If legal advice regarding a specific application of the law is requested, Council can vote to go into executive session or an executive session will be scheduled on a future agenda.
INFORMATION:
Pursuant to A.R.S. § 12-1134, the enactment of a land use law that reduces the existing rights to use, divide, sell or possess private real property may require the city or town that enacted the law to compensate affected property owners for any reduction in the fair market value of their property. This law does not prohibit the City Council from enacting land use laws that negatively impact property values; it merely states that, in some cases, compensation may be required. More detail will be provided during discussion.