Arizona Eminent Domain Law
The government’s constitutional authority to take private property is known as the power of eminent domain. This power, however, is not absolute, and the government can only take private property for a public use. Under Arizona eminent domain law, for instance, the government can take private property for the public’s possession, occupation and enjoyment of the land, but it cannot take private property solely to benefit private development. Further, the government can only take private property if it pays the owner just compensation. More often than not, there is room for debate on at least one of these issues, which is why an Arizona eminent domain attorney is essential to those facing condemnation, the process by which the government exercises eminent domain.
Before it initiates condemnation, the government has the property in question appraised and makes a good faith purchase offer based on its appraisal. The property owner can either accept the offer, in which case the sale would proceed like any other real estate transaction, or reject the offer and require the government to condemn the property. Property owners should always consult with an Arizona eminent domain lawyer who can explore with them whether they might challenge the taking or obtain greater compensation through the condemnation process. As derogatory as the term condemnation may sound, it is oftentimes the surest way for property owners to obtain full and just compensation for their property.
Government’s Taking of Private Property
After the government files a lawsuit to begin the condemnation process, and the property owner files the appropriate pleadings, a judge will rule on whether the government has authority to take the property. Here, the government must prove that its taking is for a public purpose, and that taking the property is necessary to further the public project. The government must also make a good faith deposit that is based on a valid appraisal of the property, in exchange for which it can take immediate possession of the private property.
Pursuing Additional Government Compensation for Property
Property owners who have filed the appropriate pleadings do not give up their right to pursue additional compensation by withdrawing the government deposit. This means that property owners can begin preparing a counteroffer even after they have withdrawn the deposit. Together with an attorney and a team of experts, property owners should calculate a counteroffer by looking at such things as an independent property appraisal, an engineering report, a land use analysis, and other reports.
An important step in the condemnation process is settlement negotiations, which can happen informally or in a formal mediation. If the property owner and the government do not come to agreeable terms, however, the condemnation will proceed to an eminent domain trial. These are jury trials in which the jury determines the compensation owed by considering evidence presented by both the government and the property owner. Property owners would be remiss to take on the government in such a trial without the assistance of an Arizona eminent domain lawyer.
Case Studies
Cases Study #1
A dairy farmer owns a farm that is located on two parcels of property. The government uses its eminent domain power to condemn one of the two parcels, and the farmer keeps the other. The problem, however, is that even though the farmer keeps about one-half of his property, the farm requires both parcels to operate functionally. With only one parcel remaining, the property’s highest use is no longer for dairy purposes. This caused the value of the remaining property to be substantially less, than before the condemnation. With an Arizona eminent domain attorney, the dairy farmer in this example might obtain greater compensation because the use is impaired. He is of course entitled to the value of the parcel of property taken by the government, but he is also entitled to compensation for the diminution in value to the remaining parcel stemming from the condemnation and public project.To see more Case Studies, click here.
Case Study #4
A retailer has a shop that is situated along a two-lane highway. The government expands the highway to four lanes, and takes a very small strip of the shop owner’s property. The big problem for the shop owner, however, is that the four-lane highway will cut off all access to her place of business. What was once easily accessible to passersby will be entirely inaccessible once the highway project is complete. An Arizona eminent domain attorney can help this shop owner find a solution. Even though the property taken may have minimal value, the loss of access will significantly impair the property. An Arizona condemnation attorney can help her assess the full range of impacts, and then advocate for her in an eminent domain action.To see more Case Studies, click here.
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