{"id":791,"date":"2023-07-07T16:38:55","date_gmt":"2023-07-07T16:38:55","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/eminent-domain\/?p=791"},"modified":"2023-10-26T04:24:47","modified_gmt":"2023-10-26T04:24:47","slug":"can-the-government-take-your-land-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/eminent-domain\/blog\/can-the-government-take-your-land-arizona\/","title":{"rendered":"Can the Government Take Your Land in Arizona?"},"content":{"rendered":"
Yes. In Arizona, the government has the power to take your property through eminent domain, even if you aren’t interested in selling. However, under the Fifth Amendment, land taken through eminent domain must be for public use, such as projects like widening roads or building new freeways.<\/p>\n
Of course, there are certain requirements that must be met before the government can execute eminent domain. Let’s get into those details next.<\/p>\n
Eminent domain refers to an exercise of power by a government entity to take private property for public use. From highway commissions and utility companies to airport authorities and community development organizations, these entities have the right to propose to use their eminent domain authority to take private land.<\/p>\n
The U.S. Constitution\u2019s \u201cTakings Clause\u201d of the Fifth Amendment defines the power of eminent domain but does not give the government permission to obtain any property it wants. Instead, it limits the government\u2019s power by requiring that land only be taken for \u201cpublic use\u201d and in exchange for \u201cjust compensation.\u201d<\/p>\n
Under eminent domain in Arizona, there are several categories of property takings, including:<\/p>\n
The \u201ctaking\u201d of property generally involves more than just the government obtaining the property. It may also include extensive development plans or zoning changes that could potentially reduce the property\u2019s value.<\/p>\n
The process of eminent process may occur if the government plans a public works project that requires the use of nearby private property. Also known as condemnation, the legal process of eminent domain typically begins with a negotiation. The government entity will attempt to negotiate a deal with the property owner for the land.<\/p>\n
In the event that the property owner is willing to sell the land to the government, a sale can occur in which the property owner receives fair compensation. This method allows both parties to avoid court. However, it\u2019s best to speak with an Arizona eminent domain attorney before signing over the property to ensure that the compensation is fair.<\/p>\n
If the property owner does not agree on the sale price, both parties will go to court to determine the property\u2019s fair market value. This value is calculated via an appraisal of the property. If the property owner refuses to sell the land, the government has the right to file a court action and schedule a hearing.<\/p>\n
During the hearing, the government will need to prove that the property is being taken for public use and that negotiations have occurred. The property owner can object and offer his or her own evidence. It is important for property owners to have an experienced eminent domain attorney at this time to increase their odds of a successful outcome.<\/p>\n
See the graphic below for a visual guide to the eminent domain process:<\/p>\n