Eminent Domain FAQs
Compensation for private property is determined based upon fair market value, appraisals, expert witnesses, and negotiations. If a settlement isn’t reached through negotiation, this often can lead to legal proceedings.
Hiring an eminent domain attorney prior to reaching the legal proceedings stage is helpful in ensuring you receive the full value of your property.
Exempt properties typically include places of worship, burial grounds and any property used solely for religious or educational purposes – as well as those protected under federal laws such as Native American tribal lands.
Arizona Constitution and state laws forbid the use of eminent domain for exclusively private uses; instead it can only be employed to serve public needs such as infrastructure development, utilities installation, transportation or any public projects that benefit everyone in society.
Eminent domain proceedings in Arizona may take several months or longer depending on factors like its complexity, parties’ willingness to negotiate and any legal challenges that may arise. Negotiations, appraisal, filing a condemnation lawsuit and potentially trial may all take place during this process; for more accurate evaluation it’s advisable consulting with an experienced attorney about your specific circumstances.
As part of its project development process, entities responsible for eminent domain, such as the Department of Transportation or City/County Planning Divisions, hold public meetings that inform people about how the project may impact private properties. At these meetings, these meetings provide crucial information regarding potential impacts.
If you are concerned your property may be affected, contact us at 480-467-4334 to discuss your properties current status.
In Arizona, if you choose not to sell your property voluntarily, the government or developers may initiate eminent domain proceedings to take ownership. They must follow legal procedures and offer adequate compensation.
Just compensation refers to receiving fair market value for your property. Appraisals can help determine an adequate compensation amount; if you believe the compensation offered falls short, however, you have every right to contest it and present evidence supporting a higher valuation.
If your private property has been designated “blighted,” that means it has been identified by a government entity as an area or property which exhibits certain conditions that pose threats to community wellbeing or necessitate redevelopment efforts. Blight designation typically involves local government authorities conducting an evaluation study or assessment, usually through an ordinance ordinance.
Determining blight depends on local laws and regulations; however, common criteria include physical deterioration, environmental hazards, inadequate infrastructure, economic distress or any conditions which negatively affect an area.
If your property has been designated blighted, it’s wise to seek legal advice as soon as possible. A knowledgeable attorney will explain its implications as a property owner as well as possible means of recourse available to them.
The government should give you notice in advance if they intend to access your property for eminent domain purposes, detailing reasons, intended use and compensation procedures. You have every right to review and contest their proposed acquisition of your property.
Though you may be powerless to stop the government from seizing your property for eminent domain purposes, exercising your rights and consulting legal representation are crucial steps in making sure that you receive fair compensation and that they follow all legal procedures properly.
“Winning” an eminent domain case is subjective and depends upon many different factors such as the complexity of the case, and the ability to challenge the government’s authority to take the property. With the assistance of an eminent domain attorney, you are much more likely to receive just compensation for your property.
Yes, if the government acquires only part of your land through eminent domain, you are entitled to receive compensation based on its fair market value based on factors like location, size, zoning restrictions and any improvements on it. This process is known as partial taking.
Additionally, in addition to receiving compensation for land taken, you may also be entitled to receive “severance damages”, designed to address any negative impacts caused by taking part of your property and reduce its value or usefulness.
