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Goddard says paving requirement is legal

Arizona Capitol Reports Staff//December 16, 2008//[read_meter]

Goddard says paving requirement is legal

Arizona Capitol Reports Staff//December 16, 2008//[read_meter]

Arizona Attorney General Terry Goddard says its legal for the state to require paving of some parking lots and driveways without compensation to the property owner.

Goddard issued a formal opinion saying it's not a prohibited ”taking'' for Arizona to impose the requirement in the Phoenix area as part of a 2006 law to combat air pollution.

A 2006 ballot measure approved by voters generally barred the state and its local governments from taking actions that reduce the value of private property without compensation.

But Goddard says the 2006 air pollution law falls under an exception in the property rights law for steps taken for public health and pollution control.

The pollution bill's sponsor, Republican Sen. Carolyn Allen of Scottsdale, requested the opinion.

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