{"id":798,"date":"2023-07-07T17:10:18","date_gmt":"2023-07-07T17:10:18","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/eminent-domain\/?p=798"},"modified":"2023-07-07T17:11:37","modified_gmt":"2023-07-07T17:11:37","slug":"can-eminent-domain-be-for-private-use-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/eminent-domain\/blog\/can-eminent-domain-be-for-private-use-arizona\/","title":{"rendered":"Can Eminent Domain Be Used for Private Use in Arizona?"},"content":{"rendered":"

Introduction<\/h2>\n

Eminent domain refers to the government\u2019s authority to take private property for public use. While Americans have private property rights in the U.S., certain government entities have the right to take private property if the situation meets strict requirements.<\/p>\n

One of the biggest misunderstandings surrounding eminent domain in Arizona relates to who can exercise this law. In the U.S., federal, state, and local governments have the power to exercise eminent domain.<\/p>\n

Arizona state laws and the Arizona Constitution forbid the use of eminent domain exclusively for private purposes. Instead, it can only be employed to serve public needs, such as utility installation, infrastructure development, transportation, or other public projects designed to benefit society as a whole.<\/p>\n

What Is Eminent Domain?<\/h2>\n

Eminent domain is defined as the power of the U.S. government to take private property for public use without the property owner\u2019s consent. While a government entity does have the right to take private property without the express permission of the property owner, this does not mean that the government can simply show up and take the land right away. The government entity must first go through a series of steps.<\/p>\n

First, the government must determine what type of taking it would like to exercise. A Complete taking occurs when the government takes an entire parcel of land. When only some of the property is taken, it is known as a partial taking. In addition, a taking may be either permanent, in which the property never goes back to the previous owner, or temporary, which occurs when the land is only taken for a specified period of time.<\/p>\n

For an eminent domain to occur in Arizona, the government entity must show that the reason for the taking is for public use and that the property owner has been offered fair compensation.<\/p>\n

What Is Considered Public Use?<\/h2>\n

For a government entity to legally take private property, it must prove that it is for a legitimate purpose. Arizona eminent domain law only authorizes a government entity to exercise eminent domain power for public use.<\/p>\n

What exactly does public use mean? Most often, public use as it relates to eminent domain refers to necessary infrastructure projects, such as broadband and telecom, electrical transmission lines, runways and airports, railroads, roads and highways, dams and reservoirs, and pipelines for the transmission of gas, sewage, water, oil, or other essential commodities.<\/p>\n

Where the confusion lies is the introduction of private companies into these public-use projects. It is common for the government to hire a private sector company to build<\/p>\n

infrastructure. As companies in the private sector are generally willing to build and maintain essential public infrastructure using their own capital, taxpayers can save a significant amount in ongoing maintenance costs.<\/p>\n

Some examples of public use projects common in eminent domain cases include:<\/p>\n