Bill Protecting Property Owners From Squatters Appears To Be Headed To Hobbs’ Desk

Bill Protecting Property Owners From Squatters Appears To Be Headed To Hobbs’ Desk

By Daniel Stefanski |

A bill to strengthen Arizona homeowners’ property protections may be close to the Governor’s Office.

The Arizona Legislature is wrapping up consideration of SB 1129, which would “allow a property owner or the property owner’s authorized agent to request, from law enforcement, the immediate removal of a person who is unlawfully occupying a residential dwelling and outlines conditions that determine if a person is unlawfully occupying a residential dwelling; [and] deem that a person who fails or refuses to surrender possession of the property as directed by a law enforcement office is committing trespass” – according to the purpose from the Arizona Senate.

In a statement to support the legislation, Senator Wendy Rogers, the bill sponsor, said, “The issue of squatters taking over people’s homes is growing exponentially across the nation, including here in Arizona. People are scheming to take over homeowner’s properties, posing a threat to their safety and property rights. Arizonans are particularly vulnerable because of the number of snowbirds that leave their homes unoccupied for months at a time. Although we have trespassing laws, it’s often difficult to prove a person is unlawfully occupying a home and can result in a lengthy legal battle.”

Rogers added, “I introduced SB 1129 to combat this issue by allowing a homeowner to request law enforcement immediately remove that person from the property. It’s important to note, the bill was written to address strangers occupying a home, not someone who has lived in the home with the owner or with permission of the owner. Therefore, it protects against situations involving domestic violence. We must put an end to this criminal activity. This bill will soon make its way to the Governor’s desk, and I urge her to sign it.”

The bill first passed the Arizona Senate in February with a bipartisan 18-8 vote (with four members not voting). It was amended in the State House and passed with another bipartisan result, 39-19 (with two members not voting). SB 1129 was transmitted back to the State Senate for concurrence, where it remains for the present time.

Senators Farnsworth, Kavanagh, Kern, Shope, and Wadsack, and Representative Gillette joined Rogers as cosponsors of the legislation.

On the Arizona Legislature’s Request to Speak system, a representative from the Manufactured Housing Communities of Arizona signed in to support the bill. Representatives from the Arizona Coalition to End Sexual and Domestic Violence, Arizona National Organization for Women, State Conference NAACP, and WM E Morris Institute for Justice indicated their opposition to the proposal.

Last week, legislators held a press conference outside of the Arizona Capitol to mark the progress of the bill and urge its enactment into state law.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

Flagstaff Property Owners Filed Over $23 Million In Claims Over Loss Of Property Rights

Flagstaff Property Owners Filed Over $23 Million In Claims Over Loss Of Property Rights

By Corinne Murdock |

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 clarified that 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.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinnejournalist@gmail.com.