Goddard makes right call in filing Luke land suit

Arizona Attorney General Terry Goddard and Maricopa County have embarked on a court battle that likely will decide the future of one of the nation's more important military bases.

At the heart of the dispute is whether the state - and by extension the county - has the legal authority to strictly control private development around Luke Air Force Base and an auxiliary airfield in the West Valley without paying the landowners if such regulations interfere with how they intend to profit from the property.

The Air Force has been concerned for a long time about rapid growth around once-isolated military bases by homes and other land uses that bring in loud complaints about noisy flights overhead and more exposure to potential aircraft crashes. Some communities unable or unwilling to prevent such land development have seen their military bases closed and they have suffered through the resulting loss of jobs and other economic benefits.

Luke Air Force Base is particularly vulnerable to development because that's where pilots finish their training to fly the F-16 jet fighter. Naturally, trainee pilots need more room to maneuver and are at higher risk for accidents.

In 2004, the Legislature sought to protect Luke's viability with a law that requires local governments to specifically restrict development on property in danger zones and most prone to aircraft noise. Goddard claims Maricopa County has ignored that law and allowed new homes to be constructed near the auxiliary airfield. The county Board of Supervisors says it can't take away a right to build that existed before the 2004 law was passed.

The dispute is complicated by the 2006 passage of Proposition 207, the voter initiative that says Arizona governments can't "down-zone" property unless they pay the landowners for any immediate loss in market value. Prop. 207 does provide an exception for the protection of public health and safety, which would seem to reasonably apply to areas near military air bases.

As the state has shown little interest in buying the land around Luke, Goddard made the correct choice in suing the county to learn if this is one situation where public interest and national security can take priority over private property rights.