by Matthew Holloway | Nov 14, 2025 | News
By Matthew Holloway |
The Arizona Supreme Court recently declined to review an Appeals Court ruling holding the City of Tucson liable for a public nuisance caused by homeless encampments, siding with three property owners who suffered property damage and financial losses. The Goldwater Institute highlighted this case as “welcome news for all Arizonans,” following the adoption of voter-approved Proposition 312.
The case, Bradford v. City of Tucson, comes on the heels of a similar court ruling against the City of Phoenix over its “Zone” encampment and is now being highlighted by the Goldwater Institute alongside voter-approved Proposition 312—a 2024 measure that lets property owners seek refunds when cities decline to enforce basic public nuisance laws.
Filed on behalf of three Tucson residents, the lawsuit sought injunctive relief against the City of Tucson, after homeless encampments near their homes and businesses in the Navajo Wash developed with makeshift toilets, dangerous fires, and individuals engaging in violent and criminal behavior.
The appellate court, reversing a trial court ruling against the residents, found that the “record is replete with testimony of specific incidents which proved that camping in the Navajo Wash has caused unsanitary and indecent conditions that invade the rights of the neighboring residents and business owners,” and demonstrated that Tucson was not shielded from liability “because the City knew the activity of homeless camping in this location was being carried on and that it repeatedly and continually caused a nuisance, yet consented to it anyway.”
Prop 312 now gives property owners a reimbursement tool in situations like those described in Bradford v. Tucson, allowing Arizonans to seek relief when a municipality “follows a policy, pattern, or practice of declining to enforce existing nuisance laws prohibiting illegal camping, obstructing public thoroughfares, loitering, panhandling, public urination or defecation, public consumption of alcoholic beverages, or possession or use of illegal substances, or maintains a public nuisance,” according to the Goldwater Institute’s explanation of Prop 312 claims.
Reimbursements are capped at the amount of property taxes paid the prior year, with any excess eligible for reapplication later.
Goldwater explained the law’s necessity on its website:
“Rampant homelessness is overtaking Arizona’s cities, as municipalities refuse to enforce laws against public camping, loitering, intoxication, and other nuisances. The result has been a rise in violent crime, biohazardous pollution, property destruction, and even death. Residents and business owners have had to take matters into their own hands, installing fences, hiring security, and cleaning up garbage, human waste, and other hazardous materials themselves—services the city is supposed to provide with the tax money these residents pay every year.”
Under Prop 312, once the Department of Revenue notifies a municipality of a claim, the city has 30 days to accept or reject it. If rejected, property owners may challenge the decision in superior court; if the city does not respond in time, the refund is deemed approved. Goldwater has offered to assist residents, saying, “If you believe your claim was improperly denied and you would like legal assistance, please contact us! Our lawyers may be able to help you.”
Claims are filed through the Department of Revenue’s online portal at prop312reimbursement.aztaxes.gov, which requires proof of property ownership, tax payment, and mitigation costs. The department notifies cities and issues approved reimbursements by check.
The decision represents a major blow to a large Arizona city’s assertion of immunity and underscores growing frustration with Tucson’s approach to homelessness amid public safety concerns.
In an op-ed Monday, Timothy Sandefur, Goldwater’s vice president for legal affairs, urged city leaders to act:
“Homelessness is a tragic and frustrating issue. But policies that leave people living on the streets aren’t the answer. Instead, they only create a new set of victims: the innocent taxpayers who must pay for police protection that they don’t receive. The time has come for city officials to shoulder their responsibilities—instead of forcing homeowners to shoulder the costs.”
Sandefur also warned that property owners in other states lack similar protections, citing Utah, and encouraged lawmakers elsewhere to “follow Arizona’s lead” by adopting Goldwater’s proposed Safe Neighborhoods Act.
Correction Notice: A previous version of this story incorrectly linked the Bradford v. Tucson case to the Goldwater Institute and cited an unrelated ruling.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Staff Reporter | Nov 27, 2024 | News
By Staff Reporter |
Arizonans enacted a major incentive for local governments to address homelessness.
Voters approved Proposition 312, which requires local governments to compensate its property and business owners for damages caused by the homeless. Governor Katie Hobbs certified the proposition on Monday alongside all other election results.
Proposition 312 would secure compensations through a refund on property tax payments up to an amount matching costs incurred by local government’s “failure to enforce laws and ordinances prohibiting illegal camping, loitering, obstructing public thoroughfares, panhandling, public urination or defecation, public consumption of alcoholic beverages, and possession or use of illegal substances.”
Should the cost of damages exceed the property tax bill, the proposition gives the owner the right to apply for a refund from their next property tax payment(s) in perpetuity until that initial balance is paid.
“Property owners would be eligible annually for refunds until the taxing entity begins enforcing the relevant public nuisance laws,” stated the ballot summary.
Policy experts anticipate the Arizona proposition to inspire other cities to adopt a similar policy.
The Goldwater Institute, which crafted Proposition 312, said in a statement on Monday that the measure provided another tool in addressing the homeless crisis facing Phoenix and major cities in other states. Victor Riches, Goldwater Institute’s senior communications manager, said in an opinion piece for The Wall Street Journal that the proposition should serve as sufficient motivation for local elected officials to act with more urgency.
“Proposition 312 should be a wake-up call for elected officials forcing law-abiding businesses and residents to pay the price for a crisis they didn’t create,” said Riches. “The message to politicians couldn’t be clearer: Do your job. Enough is enough.”
Riches identified Phoenix and its infamous downtown area unofficially cordoned off for the homeless (“The Zone”) as a prime example of the “government malfeasance” that allowed the adverse effects of homelessness on properties and businesses in the area.
“Property values plummeted in the Zone. Small businesses suffered. People lost their livelihoods as dozens of business owners had no choice but to close up shop,” said Riches. “And even as the city spent over $180 million to address the crisis (only a fraction of which is publicly accounted for), the number of homeless people in Phoenix rose 92% between 2018 and 2023.”
Nearly 59 percent of voters (1.8 million votes) approved Proposition 312. The legislative vehicle for the proposition, HCR 2023, passed in both chambers with bipartisan support earlier this year.
Major leftist organizations said in their arguments against Proposition 312 that the cities and counties shouldn’t face financial punishment for the acts of the homeless, and reduced tax revenue would hinder funding for community assistance geared toward homelessness.
Among those to oppose Proposition 312 were Civic Engagement Beyond Voting, Lutheran Social Services of the Southwest, Opportunity Arizona, Fuerte Arts Movement, Living United for Change in Arizona, and the ACLU of Arizona.
The Common Sense Institute Arizona (CSI) found in a report released last month that the proposition would likely improve property values.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Daniel Stefanski | Nov 23, 2024 | News
By Daniel Stefanski |
A ballot measure to protect Arizonans from the rise of unabated homelessness in communities was overwhelmingly passed by voters in the General Election.
Earlier this month, Proposition 312 received almost 60% of the vote, cruising to a smooth victory on Election Night. The measure, which was referred to the ballot from the Arizona Legislature, stipulates that “property owners may apply for a tax refund for expenses incurred due to a governing authority’s failure to enforce certain public nuisance laws on or near the owner’s real property.”
The legislative vehicle for the measure, HCR 2023, was sponsored by House Speaker Ben Toma. It passed both chambers in the Arizona Legislature with bipartisan support and was transmitted to the Secretary of State’s Office in March of this year.
In a statement after the successful passage of the bill out of his chamber, Senate President Warren Petersen said, “There are instances where local governments routinely and repeatedly fail their citizens by not enforcing laws. An example of this would be the City of Phoenix’s handling of the former homeless encampment known as ‘The Zone.’ This area was not only a public safety and public health disaster for those who camped there, but it was also a detriment to the livelihoods of small business owners who set up their shops in the area.”
Petersen added, “Money talks, and as a way to encourage municipalities to enforce the law, Speaker Toma and I teamed up to sponsor HCR 2023/SCR 1006. This measure is a ballot referral that would protect law-abiding citizens. If approved by voters, property owners would be allowed to request a refund for expenses incurred to mitigate the problem, up to the amount of their property tax liability. The funds would be deducted from the local government’s state shared revenue.”
Speaker Toma also had said, “Business owners and residents alike are having their property stolen, vandalized, or terrorized and are desperate for help. That’s why I sponsored HCR2023, to hold our local governments accountable to our community members and to help provide some relief for property owners who have suffered damages because of a city’s purposeful failure to provide the public health and safety services we all pay for.”
The Arizona Chamber of Commerce and Industry, which was instrumental in promoting the proposition, issued a statement following the General Election win, writing, “Arizona voters have sent a clear message: Government, do your job. They do not want our state to become the next San Francisco or Los Angeles. Prop 312 is a win for property owners, businesses, and everyday Arizonans who too often shoulder the costs of unaddressed homelessness.”
The Goldwater Institute, which also pushed for Prop 312’s passage, also took a well-deserved victory lap after the positive result. The organization’s President and CEO, Victor Riches, stated, “The voters sent a clear message this election cycle: they demand their tax dollars be used to enforce the law and address rampant homelessness. Now that Prop 312 is law, business and property owners will not be left holding the bag when municipalities refuse to do their job.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Nov 1, 2024 | News
By Daniel Stefanski |
A Republican lawmaker is making recommendations for voters in key ballot measures for the state of Arizona.
In the most recent Arizona Senate Republicans’ newsletter, state Senator Shawnna Bolick released a statement in support of propositions that her party in both legislative chambers had passed for voters’ review in the upcoming election.
Bolick said, “We are just days away from a crucial election that will help determine the future of Arizona and our nation. Republicans at the Legislature spent tireless hours working to provide voters with the opportunity to have the final say on the key issues our state is facing. Despite Democrats voting ‘no’ on our proposals, we voted in support of sending Propositions 133, 134, 135, 136, 137, 138, 311, 312, 313, 314, and 315 to the ballot.”
She added, “Included is the ‘Secure the Border Act’ (314), which would provide law enforcement the authority to arrest illegal border crossers to keep our communities safe after the Governor vetoed our original bills to address the crisis. Also, the ‘Children Are Not For Sale’ measure (313) would protect children from sex trafficking by deterring this evil practice with a life imprisonment sentence for the offenders. Make your voices heard! Send in your ballot no later than October 29, or vote in person on November 5- just be prepared for lines.”
Arizona’s ballot propositions haven’t been the focus of many polls – at least publicly available ones, though Noble Predictive Insights had released results from a survey in early September, showing that Prop 314 was receiving 63% support for passage.
The veteran legislator is fighting to retain her seat in the state Senate in next week’s election. Bolick faces a stiff challenge from Democrat state Representative Judy Schwiebert for Legislative District 2, which is one of the most competitive across Arizona, with a 3.8% vote spread in the past nine statewide elections. It is very winnable for Republicans, however, as the party has emerged victorious in six out of those nine elections.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Page 1 of 11
