Flagstaff City Council indicated in a work session Wednesday that it will work on modifying its High Occupancy Housing (HOH) Plan. The plan caused pushback resulting in over $50 million in claims through the Arizona Private Property Rights Protection Act (Prop 207).
The council voted last week to waive the HOH policy application for those claimants. According to The Goldwater Institute – the think tank that assisted many claimants in submitting their demand letters – the city can anticipate even more claims.
A majority of the council’s discussion centered on the origins story, purposes, and strategies of the HOH Plan. At the end of a presentation from city staffers responsible for drafting and implementing the plan, the council was presented with the option of maintaining the plan, modifying certain aspects of it, or scrapping it entirely.
A majority of the council indicated that it would go back to the drawing board with a focus on the plan’s effects on environmental sustainability and housing.
Council members Adam Shimoni, Becky Daggett, Jim McCarthy, Regina Salas, and Austin Aslan indicated that repealing the HOH Plan wasn’t an option.
“We cannot allow the boogeyman of off-campus student housing to be the enemy of appropriate and healthy city development, especially so near the heart of the city,” asserted Aslan.
McCarthy added that the community needed more housing for families, and less apartments.
Only council member Miranda Sweet said she was in favor of repealing the plan entirely.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Flagstaff City Council voted last Tuesday to waive its land use restriction for property owners who submitted around $50 million in legal claims under the Arizona Private Property Rights Protection Act.
The Goldwater Institute submitted a demand letter on behalf of property owners in July. At the time, claims amounted to over $23 million for over 50 property owners.
Under the city’s High Occupancy Housing (HOH) Plan, residential and mixed-use properties faced restrictions such as a limit on the density and number of bedrooms and units, and additional requirements for automobile and bicycle parking standards. The HOH Plan would affect buildings with more than 75 bedrooms or 30 units per acre in dormitory or apartment-style units.
In part, the Private Property Rights Protection Act, or Prop 207, requires government to compensate property owners for any land use laws that restrict the right to “use, divide, sell, or possess” a property and thereby reduce its fair market value.
“If the existing rights to use, divide, sell or possess private real property are reduced by the enactment or applicability of any land use law enacted after the date the property is transferred to the owner and such action reduces the fair market value of the property the owner is entitled to just compensation from this state or the political subdivision of this state that enacted the land use law.“
Under Prop 207, individuals that believe a land use law impacts their property’s fair market value must submit a demand letter to the government who enacted the law. The government must then choose to either compensate the property owner, waive the law for that property, or amend the law entirely.
Prop 207 also doubles down on private property protections within the state and federal constitutions, adding further measures to define and restrict eminent domain.
The Goldwater Institute confirmed with AZ Free News that even more property owners have contacted them about claims.
This Tuesday, the Flagstaff City Council discussed the HOH Plan again during a work session. A presentation on the subject noted that there were 87 Prop 207 claims in all, totaling over $50 million. In reviewing the plan, the presentation asked the council if it would like to maintain the plan, modify certain aspects of it, or scrap it entirely.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Flagstaff will now have behavioral health specialists and medics answering 911 calls related to mental health crises, substance abuse, and public intoxication. The city council approved a $2.6 million contract during Tuesday’s meeting for the “alternative response mobile unit” service offered by Terros Health.
According to the council’s executive summary of the contract, the mobile response units will only operate from 10 am to 8 pm. They will also have “cultural items” on board in addition to the medical basics.
The mobile response unit will be conducting proactive outreach and responding to calls in a van. The van will provide enough space for specialized equipment for basic life safety response, in addition to comfort items such as water and snacks, emergency clothing, toiletries, blankets and cultural items like abalone shells, sage and cedar and the ability to transport individuals as needed.
Flagstaff Mayor Paul Deasy tweeted the news on Wednesday.
“We did it! In a few months, a behavioral health specialist and medic will respond to 9-1-1 calls around mental health and public intoxication, diverting calls that don’t require police presence,” wrote Deasy. “Council approved the contract with Terros Health. A defining moment for Flagstaff!”
Flagstaff’s decision to assign certain 911 calls to response teams of behavioral specialists and medics is part of a larger national movement – one that picked up speed after the death of George Floyd.
Terros Health is a nonprofit mental health services provider that receives Department of Health and Human Services (HHS) funds and has federal Public Health Service (PHS) status. They’ve recently partnered with Mesa Public Schools (MPS) to offer their services, paid for by patient insurance or outside financial assistance.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Over 50 property owners are seeking over $23 million in claims due to Flagstaff’s latest regulations on property rights. The Goldwater Institute is representing the property owners; the think tank noted in their announcement last month that “thousands more” could have viable claims against the city, too. Since then, Goldwater Institute Executive Vice President Christina Sandefur informed AZ Free News that more property owners have stepped forward to file a claim. Flagstaff has 90 days to respond to the pending claims.
Flagstaff passed an ordinance in March, the High Occupancy Housing Plan, that restricted residential and mixed-use property improvements. The city’s plan offered a wide scope of regulations, including a limit on the density and number of bedrooms and units in a property, as well as certain automobile and bicycle parking standards.
In a press release, the Goldwater Institute pointed out that state law – Prop 207, or the Private Property Rights Protection Act – requires Flagstaff to pay individuals whenever they take away their right to use their property. The institute argued further that the restrictions on renovations, improvements, or further property developments constituted a taking away of rights.
“Flagstaff’s ordinance is exactly the kind of government overreach that Arizona voters sought to guard against,” asserted the think tank. “That’s a costly burden on property owners, it’s unconstitutional, and it’s why the Goldwater Institute is seeking relief on their behalf under the Private Property Rights Protection Act.”
Under Prop 207, current recourse for Flagstaff property owners entails writing a letter to the city requesting payment for any property value diminishment the restriction caused, or for the city to waive certain restrictions entirely. Sandefur says that if proper recourse isn’t offered, they will take legal action.
“Under Proposition 207, the city has 90 days to decide whether to pay the property owners for taking their rights away, or whether to give them their rights back,” explained Sandefur. “We are hoping that the city does the right thing so that these claims don’t have to turn into litigation, which will be time-consuming and costly for the city.”
Flagstaff’s High Occupancy Housing Plan claimed that there would be no financial or policy impacts. The plan was considered an advancement to the city’s 2018 High Occupancy Housing Specific Plan (HOH Plan).
The Goldwater Institute clarifiedthat it hasn’t filed any lawsuits for these claims to date.
AZ Free News reached out to the city of Flagstaff for comment. They didn’t respond by press time.
By Christina Sandefur of the Goldwater Institute |
Representing the owners of more than 50 properties, the Goldwater Institute has filed over $23 million in claims against the city of Flagstaff, Arizona, over an ordinance that went into effect in March that deprives residents of their property rights. That could be just the tip of the iceberg, as thousands more may have claims under state law.
In March, Flagstaff adopted a High Occupancy Housing Plan supposedly designed to address an increase in student housing. In actuality, the plan imposes sweeping regulations that deprive a wide variety of property owners, including families and small businesses, of their right to decide what to do with their land.
Flagstaff’s ordinance comes nearly two decades after the infamous Kelo v. New London U.S. Supreme Court decision of 2005, in which the Court gave state officials virtually carte blanche to seize private property for whatever reasons politicians consider worthwhile. But Arizona voters rejected the Court’s vast expansion of government power by adopting a ballot measure that creates some of the strongest protections for home and business owners in the country. Under Arizona’s Private Property Rights Protection Act (known as Prop 207), government must pay people whenever it takes away their right to use their property and thereby diminishes its value…
