Do You Own Property in the Banned Bui...

Do You Own Property in the Banned Building Permit Zones in the Wittmann Area?

There are 6 comments on the story from Feb 7, 2009, titled Do You Own Property in the Banned Building Permit Zones in the Wittmann Area?. In it, reports that:

If you are not for certain if you own land or if your home is within one of the zones that has been affected by the moratorium on building that Maricopa County Supervisors issued in August 2008 time is running out to take action!

The “building ban” as it is commonly referred to among locals in the Wittmann area involves property in an area identified by Luke Air Force Base as being the Clear Zone, APZ 1, APZ2, and the 80-85 LDN Noise Contour. You can research state statues on the subject at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp

When going to the layover maps provided by the county if your property borderlines one of the zones it can become confusing which area you are in and even if you are included in the moratoriums vicinity.

To be safe and self-assured you can contact Rachel Rediger at the Maricopa Planning & Development Office (602) 372-0980, and ask whether your property is in one of the zones listed.

If you have difficulty getting a response from that number you can call the offices main phone number (602) 506-3301 then push 0 to speak to the operator and remain persistent in talking to an actual person to have your questions answered.

(NOTE: Topix.com/Wittmann News experiences with the Planning and Development Office has been very good. However during peak periods and with current economic conditions manpower at the agency may be affected and your best tolerance will be necessary.)

If you find out that your property is included in the area affected by the moratorium time is running out…The Goldwater Institute (a not for profit org) will represent affected property owners (without compensation).

In order for the Goldwater Institute to represent you through a retainer, you must complete a questionnaire and both you and the Institute must sign the retainer by Wednesday February 11, 2009.

To contact the Goldwater Institute you may call (602) 462-5000 ext. 231 and ask to speak with Carrie Ann Sitren .

You can also email her at [email protected]

Additional reference material can be found at: http://www.maricopa.gov/pr_detail.aspx?releaseID=908

(If you are not able to click on links provided please copy and paste them to your browsers address bar)

Join the discussion below, or Read more at .

Dennis

United States

#1 Feb 10, 2009
As usual the rights of the individual property owner seems to have been thrown under the train. For the past 6 months our property has been held in limbo while this trial concluded and we still do not know if we can use our homes and develop our properties as they were sold. Someone has got to make a definitive statement that homes developed prior to this statute are grandfathered. You cannot make a law retroactive to remove all property values from a homeowner. You can make it effective for homes and properties after 12/31/2004 but not on homes approved and built prior to that date.

“http://www.wittm annnews.com ”

Since: Mar 07

Wittmann Arizona

#3 Feb 11, 2009
Dennis wrote:
As usual the rights of the individual property owner seems to have been thrown under the train. For the past 6 months our property has been held in limbo while this trial concluded and we still do not know if we can use our homes and develop our properties as they were sold. Someone has got to make a definitive statement that homes developed prior to this statute are grandfathered. You cannot make a law retroactive to remove all property values from a homeowner. You can make it effective for homes and properties after 12/31/2004 but not on homes approved and built prior to that date.
(A reminder that today (WEDNESDAY) 11/11/2009 is the final day for retainers to be filed with the Goldwater Institute)

If you are uncertain if your property is in the zone go to planning.maricopa.gov/ at that page look at the center of the screen and see the bottom line reading “For help identifying parcels located in the Luke AFB and Related Auxiliary Field layers, please click here.”
By clicking on “here” you will go in to an informative section instructing you how to locate your property within the flight restriction zones. Then go back to the planning.maricopa.gov/ website and click on the interactive map button. If you still have issues there is a phone number listed there to direct you further.

There have been reports that the decision to enforce the "building ban" was upheld by the state court.

From information I've received a motion to continue the proceeding in January was heard and still in the Maricopa County Superior Courts. If you are a property owner affected by the building ban it is of immediate urgency that you contact the Goldwater Institute to join the class action lawsuit that will allow you to be represented without having to pay for the services. 02/11/2009 is the deadline to be included for the process.

Arizona Voters passed Proposition 207 the Arizona Private Property Rights Protection Act. Basically Prop. 207 intentions were to protect property owners in the event a governing body enacted a code or regulation that deprived a property owner from developing their property for specific purposes. In the event that might happen Prop. 207 required that the governing body demanding the restriction on the property would (A)allow you to do what you previously had a right to do or (B) compensate you for the diminished value of your property.

State Law Makers through A.R.S.(State Statute) 28-8481, initially provided a fund that was consistent with the requirements of Prop 207, to compensate property owners for the diminished land value, but the Governor swept the money into the state’s General Fund to balance the state budget. Now, neither the state nor the county is offering funds to the injured owners.

“http://www.wittm annnews.com ”

Since: Mar 07

Wittmann Arizona

#4 Feb 11, 2009
Corrections:

(A reminder that today (WEDNESDAY) 00/11/2009 is the final day for retainers to be filed with the Goldwater Institute) Today should have read 02-11-2009 I appologize for any confusion this may have caused.
Common Sense

United States

#5 Feb 11, 2009
There has been little common sense shown by the county in this matter, hence why the county LOST every argument in court. They are now finding themselves (TAXPAYERS) liable big time if they don't go through the effected properties and grandfather those that should NEVER have been impacted by this. Their blanket moratorium is unconstitutional. They need to sit down, THINK, and get this right. NOW! Many homeowners, those grandfathered should have their property rights restored immediately. And the county should be held to account for the period that they restricted those rights without cause. Those that were allowed by the county to improve their property after 12/31/2004 and received permits have a strong case against the county too.

“http://www.wittm annnews.com ”

Since: Mar 07

Wittmann Arizona

#6 Feb 11, 2009
Azcenteral.com reported Tuesday the following-

A Superior Court judge has ruled in the state's favor and against Maricopa County in a case that stemmed from residential encroachment on Luke Air Force Base and its Auxiliary Field 1.

Arizona Attorney General Terry Goddard had argued that the future of Luke, located in Glendale, was at stake, as well as the $2.2 billion a year in economic activity the base generates.

Goddard and other base advocates feared that overturning the law and permitting residential development near Luke and "Aux 1" could imperil Arizona's other military installations, which, combined with Luke, annually pump $9 billion into the economy.
The county argued that landowners in unincorporated areas near the base were being unfairly deprived of their property rights without compensation. County officials stressed they support Luke and its mission but said the state Legislature could always amend the law to protect the base.

The issue is not only of concern for property owners who fall in the track of the land the state is claiming is needed for Luke AFB Aux. 1 to make test approaches to a closed runway.

It is of concern to any one period!

If a state can remove property rights from owners without compensation or some sort of allowance how can the use of this power be refrain the state from changing it to include a larger area or if the state wishes whole communities?
Dennis

United States

#7 Feb 11, 2009
If you read all of the public comments issued by the State (Goddard) you will see that he has said over and over that Maricopa County overreacted to his claim. He has said, again publically that the existing homes should be grandfathered and in fact the map that he filed as part of the original claim shows many of these homes including mine to be grandfathered. How can the County find otherwise? The Goldwater Institute is already investigating the possibility of suit against all parties on our behalf. If you think it does not effect you then look to the skys. If you see jets overhead, what is to keep the government from coming after your home, your land. In reality these guardians of the sky could just as easily crash in your area as ours. I believe in the security of our Air Force and I also believe in the sanctity of my land and home ownership. Come on Maricopa County make a decision and make the right one.

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