Can you stop the government from condemning your land for a public road?

You 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 and is necessary for the public project, may be challenged in court.  However, the government’s decision is given deference by the courts, and there are deadlines and procedures that must be satisfied.

Practically speaking, challenges against the government’s right to take have largely been unsuccessful in Arizona. The proposed projects are typically for a clear “public use” and the project cannot be completed without the land. Examples might include public roads, schools, parks, etc.  In these situations where the public use and necessity are clear, the battle shifts to the property owner’s right to receive just compensation – being paid fair and adequate money for the land taken and related damages, if any. This is a specialized area and property owners facing the condemnation of their property should consult an attorney.