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Arizona: judge allows Prop. 207 on the ballot even though part of it is unconstitutional

Capitol Media Services reports: A judge refused Friday to block Arizonans from voting on a measure designed to restrict the ability of government to take private property.

Maricopa County Superior Court Judge Paul McMurdie conceded that a portion of Proposition 207 may be constitutionally flawed. That's because it does not provide funds for the state to use if any new land-use regulations diminish the value of someone's property.

McMurdie said the rest of the measure appears, at least on its face, to be legal. He said voters should not be precluded from approving those provisions because one part of the initiative could be legally defective.

In fact, McMurdie said, if that section is unconstitutional there already is a legal remedy: It simply becomes unenforceable, leaving the rest of the measure intact -- if voters approve it in November.

Friday's ruling is a defeat for the League of Arizona Cities and Towns, which had sought to prevent a vote. Lisa Hauser, the league's attorney, said the decision will be appealed to the Arizona Supreme Court. -- Prop 207 OK'd for ballot | www.azstarnet.com

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