Frozen Assets in Arizona

Don't know if you've heard, but Arizona voters passed a new law in November, a nameless one called Proposition 207. And here's what preservationists have to say about it:"With Prop 207, we're dead in the water," Debbie Abele, Scottsdale historic preservation officer, told the East Valley Tribune.It's modeled after Oregon's controversial property-rights law Measure 37. In a nutshell, it allows property owners to seek compensation from the state for infringing on their right to use, divide, sell, or possess their property via a land-use law.

2 minute read

May 14, 2007, 6:53 PM PDT

By Margaret Foster


Don't know if you've heard, but Arizona voters passed a new law in November, a nameless one called Proposition 207. And here's what preservationists have to say about it:

"With Prop 207, we're dead in the water," Debbie Abele, Scottsdale historic preservation officer, told the East Valley Tribune.

It's modeled after Oregon's controversial property-rights law Measure 37. In a nutshell, it allows property owners to seek compensation from the state for infringing on their right to use, divide, sell, or possess their property via a land-use law.

People yell at me whenever I write a story about property rights. A former editor accused me of being a libertarian (a surreal McCarthyism moment). Obviously it's a divisive issue, but I can see both sides: If it weren't for laws, even Mount Vernon could be redeveloped-well, OK, not really. Then again, my neighbor in our historic district has to remove all her new windows because she didn't get approval first. Stuff like that fuels the "don't tell me what to do with my property" case.

Arizona's law means lawsuits, which gives city officials pause. Or stalls them permanently. After Prop 207 passed, the League of Arizona Cities and Towns issued a report that recommends governments to require 100 percent support before designating a historic area. Total agreement? Like that will happen.

In limbo is the only pre-war neighborhood in Tempe, wedged between Arizona State University and downtown. What are the chances that the 204-house neighborhood, built between 1900 and 1940, will become a historic district now?


Margaret Foster

Margaret Foster is the editor of Preservation magazine's website, a publication of the National Trust for Historic Preservation.

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

June 25, 2025 - Diana Ionescu

Person wearing mask walking through temporary outdoor dining setup lined with bistro lights at dusk in New York City.

Restaurant Patios Were a Pandemic Win — Why Were They so Hard to Keep?

Social distancing requirements and changes in travel patterns prompted cities to pilot new uses for street and sidewalk space. Then it got complicated.

June 19, 2025 - Diana Ionescu

Aerial view of town of Wailuku in Maui, Hawaii with mountains in background against cloudy sunset sky.

Maui's Vacation Rental Debate Turns Ugly

Verbal attacks, misinformation campaigns and fistfights plague a high-stakes debate to convert thousands of vacation rentals into long-term housing.

July 1, 2025 - Honolulu Civil Beat

Aerial view of new neifhborhood under construction with enpty lots in foreground.

In California Battle of Housing vs. Environment, Housing Just Won

A new state law significantly limits the power of CEQA, an environmental review law that served as a powerful tool for blocking new development.

1 hour ago - CALmatters

Low-rise Pearl Sreet mall in Boulfer, Colorado.

Boulder Eliminates Parking Minimums Citywide

Officials estimate the cost of building a single underground parking space at up to $100,000.

2 hours ago - Boulder Reporting Lab

Two-story buildings with porches in walkable Florida neighborhood.

Orange County, Florida Adopts Largest US “Sprawl Repair” Code

The ‘Orange Code’ seeks to rectify decades of sprawl-inducing, car-oriented development.

3 hours ago - CNU Public Square

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.

Write for Planetizen