SB 1366 - Relocation Cost Legislation
Celebration all around! For a young grassroots ORANGE Coalition, there is much to celebrate. Making a huge impact on Arizona state legislation is commendable. “It is not easy, as most may know first hand, to have policy translated into law or regulation” says Laura Knaperek, Vice Chair, ORANGE Coalition.

	City of Tucson's Grant Road Improvement Plan – from the Property Owner and Tenant’s perspective Will property owners and tenants (both residences and businesses) who are in the pathway of the Regional Transpiration Authority’s Grant Road improvement project (widening, landscaping and other improvements to one of Tucson’s major arteries) survive the project’s takings and disruptions to benefit from the project? In its initial stages, budget cutbacks and problems in communication with land owners vs. business owners have already surfaced.  A disparity on the taking of private property and right-of-way amongst business and land owners is emerging. Exploratory scoping by the Orange Coalition detected that a second generation restaurant owner and three other restaurateurs are challenging the taking of their property while another restaurant on the same block would be spared condemnation and excessive right-a-way taking. Requests for group or block level meetings with property owners have been ignored, with the project encouraging only one to one meetings with affected parties. And, while the Orange Coalition’s efforts to pass stronger laws protecting property rights, over 600 landowners and tenants along the right-of-way remain unaware of the work that Orange, including former State Representative Ted Downing, has been doing to improve their negotiating positions and protect their interests. Further, a professional Right-of-Way private firm in Tucson, questions the sufficiency of the funding for entire property or right-of-way takings. The first project to be reconstructed in 2011 will be the improvement of the Grant Road and Oracle Road intersection between 15th Avenue and Castro Avenue with right-of-way being acquired east to Stone Avenue. The reconstruction of Grant Road has been divided into six segment projects and will continue spanning the Regional Transportation Authority’s (RTA) second, third and fourth funding periods (2013-2026).

Our state effort started out easy enough until our three eminent domain bills came under attack by every city and town in the state, all utilities and "government advocate" legislators. After much negotiation, SB 1366 emerged and has been signed into law. It becomes effective the end of July - 90 days after the last day of session.

Thanks to all of you for your moral support and especially to Ray Torres for organizing testimony, Ted Downing for his persistence and expertise on the federal regulations and for helping to make this happen, to Rachel Aja for her lobbying efforts by word and deed, Davis Lundy for his help with the website and for Kyle Moyer for being there through the rough times and for working out strategy with me.

Steve Hirsch is to be commended for his legal and condemnation expertise and for his time. He also took a few shots from the utilities and deserves our thanks.

 Respectfully,

Laura Knaperek
Vice Chair, ORANGE Coalition

On behalf of the ORANGE Coalition, I recommend to Scottsdale Mayor Lane and Council members to support private property rights by submitting Question A1 to the voters as provide for in Ordinance 3903.

By way of background, on May 18, 2010, the Council voted 4-3 to direct city staff to prepare Question A1 for the November 2, ballot. Mayor Lane and Council members Littlefield, Nelssen, and Borowsky were the majority vote.

Question A1
Article 1, Section 3, (Condemnation) The city may exercise condemnation only if it is authorized by the state, if it is for a public use, if the city has exhausted all reasonable options to avoid the use of condemnation, including the negotiation of just compensation, and if its use is narrowly tailored to advance public use the city contemplates for the property to be acquired.

Further, the amendment is intended to avoid the $86 million landmark eminent domain settlement of Toll Brothers land condemnation case, other misuse eminent domain actions that threaten basic property rights include, the possible multimillion-dollar case of Hualapai land investors who own property where the city expanded its wastewater treatment plant where the judge has ruled against the city.

Limiting the City’s power neither takes away authority nor decision-making flexibility from our elected officials. The power of eminent domain will always reside with local government. Changing the Charter is intended to curb the misuse of eminent domain. This amendment speaks to basic fairness of dealing with private entities and property owners, thus going down the private property rights friendly city path.

Respectfully,

Ray Torres
Chair,
ORANGE Coalition

Purpose

To protect the rights of private property owners, including commercial, residential and business property owners as well as farmers, ranchers and other land owners.

Strategy

To proactively promote public policies and laws that support protection of private property rights through education and advocacy.

Guiding Principle

The Orange Coalition will engage the public when local government encroaches on private property rights, including misuse of eminent domain. The Coalition will inform and educate citizens to:

• Oppose Abusive Condemnation Practices
• Advance the Public Interest
• Protect Private Property Rights