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Old Posted Oct 20, 2012, 3:34 AM
Don B. Don B. is offline
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Join Date: Mar 2004
Posts: 9,184
^ And you aren't the maven of what is appropriate and not appropriate for this situation. As long as the "activists" remain in the street or city right of way, the owners cannot have them removed or charged with any sort of crime. Since no one lives there, it's not like someone is actually going to be inconvenienced.

That being said, Prop. 207 will prove to be most troubling for the city of Phoenix. The owners' attorney is correct - anything the city does to "preserve" the house will amount to an unconstitutional taking. The owners will obtain millions from the city, and like the Bailey's Brake Shop case in Mesa - ultimately the homeowner will prevail under existing law and the house may get destroyed anyway.

The only hope here is that the city negotiate directly with the owners to buy the house and preserve it. They will need to pay for the lost profits the owners would have realized from splitting the property and selling both lots/houses.

--don
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