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Arizona Private Property Rights, Proposition 300 (1994)
From Ballotpedia
Arizona Proposition 300 was on the November 8, 1994 ballot in Arizona as a veto referendum, where it was defeated.[1]Election results
| Private Property Rights | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
 d No | 614,626 | 59.8% | ||
| Yes | 412,585 | 40.2% | ||
Text of measure
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.
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{{1994 ballot measures]]
