The Arizona Court of Appeals, Division One, recently issued a decision in Roofing Wholesale Co., Inc. v. Neil 2012 WL 1207349 (Ariz.App.Div.1) (2012). The decision was not approved for citing as legal precedent except under limited conditions. Regardless, the Arizona Court of Appeals was presented with the issue of whether a trial court may properly admit evidence of a tax protest in order to establish fair market value under A.R.S. § 33-814, Arizona’s deficiency statute. The court declined to follow the decision of the Supreme Court in Salt River Project Agricultural Improvement and Power District v. Miller Park 213 Ariz. 246 (2008) because Arizona deed of trust law, according to the court, does not demonstrate a legislative intent to adopt the highest and best use standard in a fair market valuation proceeding under the deficiency statutes.
Arizona Court of Appeals Issues Decision: Highest and Best Use Will Be Part of Proper Analysis
10 May 2012 by jacksonwhite | condemnation, Court of Appeals, Eminent Domain, Property Tax, Property Tax Appeal, Property Value, Tax Protest | No CommentsArizona Property Tax Appeal
19 April 2012 by jacksonwhite | Eminent Domain, Property assessment, Property Tax, Property Tax Appeal | No CommentsDo you know the current fair market value of your home? Unless you have had a professional assessment of your property’s value within the past year, I highly suggest that you schedule one.
The Maricopa County Assessor’s Office
5 April 2012 by jacksonwhite | Eminent Domain, Property assessment, Property Value | No CommentsThe Maricopa County Assessor’s Office is responsible for assessing the property values of every property within the county’s boundaries. Their valuation appraisals determine individual and business property taxes, and, in the context of eminent domain, the compensation amount offered by the government. So, who is behind the entity that is deciding the worth of your property?
What is a Counter-Offer?
22 March 2012 by jacksonwhite | condemnation, Eminent Domain, Property Value | No CommentsIf you have been faced with eminent domain and the government has proposed a monetary offer for a property in your ownership, it is crucial that you absolutely evaluate their offer before accepting it. If the offer seems even slightly less than you would have expected, making a counter-offer is something to seriously consider. In most cases, property owners will receive greater compensation after filing a claim against the condemning agency’s offer in an eminent domain proceeding. Keep in mind: appraisers often differ in their opinions of a property’s value by thousands or tens of thousands of dollars, so hiring a professional appraiser, such as an eminent domain attorney, is essential to your case.
House of Representatives Passes Anti-Kelo Bill
14 March 2012 by jacksonwhite | Eminent Domain, Private Property Rights | No CommentsEarly this month, the United States House of Representatives passed the Private Property Rights Protection Act bill, in an effort to “minimize abuses of the government’s condemnation power.” Ever since the infamously unjust 2005 condemnation involving Susette Kelo’s home in New London, Connecticut, Congress has developed over a dozen anti-Kelo bills to protect private property owners in the United States.
Arizona Property Rights
23 February 2012 by jacksonwhite | condemnation, Eminent Domain, Private Property Rights, Property Value | No CommentsIn 1998 in the city of New London, Connecticut, a plant was built by the drug company, Pfizer. Officials of the City attempted to purchase 115 residential homes to turn around and sell to commercial developers. When fifteen residents resisted, the City turned to its power of eminent domain to take the land. One resident, Susette Kelo, opposed the taking through a legal challenge. The case ended up before the U.S. Supreme Court, which ruled in favor of the taking by the City of New London. The Court’s decision sparked a nationwide debate, fueled in part by disserting comments in the opinion. Justice Clarence Thomas accused the verdict of violating the Fifth Amendment’s “public use” standard because property was forcibly transferred from one private owner to another.
Bailey’s Brake Shop: Could this Happen Again in Arizona?
9 February 2012 by jacksonwhite | condemnation, Eminent Domain, Mesa Light Rail Extension | No CommentsAs construction on the Mesa light-rail extension project is set to begin in 2013, many private businesses and property owners will be facing efforts by the City to acquire all or part of the impacted properties. The 3.1 mile extension into downtown Mesa is clearly a public project, thus appropriate for using the power of eminent domain to acquire the land needed for the project from private owners. This is in contrast to the City’s attempts several years ago to improve the downtown corridor.
An End to Some Local Mesa Favorites
26 January 2012 by jacksonwhite | condemnation, Eminent Domain, Mesa Light Rail Extension | No CommentsDowntown Mesa will surely miss these long-standing businesses. Wilky’s Performance Shop has been in operation for several decades, and Gunnell’s Tire & Auto since 1953. As Theresa S. from Queen Creek writes in her Yelp review, Gunnell’s provides the “quickest service I’ve ever experienced for getting tires rotated and/or balanced.” While the light-rail is projected to bring great economic advancement to some areas of downtown, it signals the end of an era for some local favorites.
The Mesa Metro Business Assistance Program
12 January 2012 by jacksonwhite | condemnation, Eminent Domain, Mesa Light Rail Extension | No CommentsThe 3.1 mile light-rail extension set to begin in 2013 is expected to affect the numerous businesses along its route. The construction is going to make it very difficult, if not occasionally impossible, for consumers to access these businesses. While City officials are focusing on maximizing the economic impact that the extension will bring to downtown Mesa, it’s hard to say what the economic cost for local businesses will be in the meantime.
Can you stop the government from condemning your land for a public road?
4 May 2011 by jacksonwhite | Eminent Domain | No CommentsYou do have the right to challenge the condemnation; but, it is unlikely that you will succeed. The Arizona Constitution grants to the State the power to condemn privately owned property (the State may also delegate this power to other governmental agencies and to some private entities, as well). This right to take private property is referred to as the power of eminent domain. In order to exercise this power, the government must demonstrate a “public use and necessity” for its taking of your land. The government’s decision on this issue – that the land is needed for public use
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