The mere mentioning of the words “eminent domain” can strike fear in Arizona property owners. The idea that the state, a utility or a municipality can simply take property if it deems it necessary to do so might sound as if it is in direct contradiction to a person’s...
Condemnation & Eminent Domain
How can eminent domain affect commercial landlords?
Eminent domain is the authority granted to local, state and federal governments to take or damage private property for public use, provided that the government pays the owner just compensation. This power can have a significant impact on commercial landlords in...
What is inverse condemnation?
The concept of eminent domain isn’t one that most people become familiar with until it impacts their lives directly. However, many of our readers in Arizona probably know the basics of eminent domain: it is a legal mechanism by which the federal, state or local...
What happens if there is a title issue?
When businesses are looking to relocate or buy new property, the first thing owners notice is the price. In addition to the price, you will see real estate taxes, commercial real estate insurance, commercial liability insurance, recording fees, repaid interest and...
Eminent domain and inverse condemnation
For every legal right there exists a corresponding legal process. Through the process of condemnation, a government pursues its right of eminent domain, or seizure of private property for a public use. The Fifth Amendment of the U.S. Constitution identifies one of the...
How do I maximize value when the government takes my land?
When most people hear about Eminent Domain, they are shocked. The idea that the federal government can come onto your property and claim it as their own is downright disturbing, especially to Arizonans, who are a fiercely independent bunch. And, when you get that...
What is the public use requirement for eminent domain?
It can be alarming and troubling when an owner finds out that their property may be subject to a taking by the government. Property owners may wonder what the rules are for a taking. They may also need an understanding of what the public use requirement is all about....
What can I do if the government makes my land unusable?
The State of Arizona, many of its agencies and other government bodies have the right to take private land and put it to public use. A common example of traditional eminent domain, which may also be called condemnation, is when the government wishes to build a road...
How to determine just compensation in eminent domain cases
As this blog has previously discussed, eminent domain is a significant power the government has to take private property for public use. Public service corporations engaged in a public works projects, e.g. electric utility providers, also have the right to exercise...
What is eminent domain and how are property owners protected?
Eminent domain is the power of the government to take private property for public use. Because of the significant power the government wields, and the impact it can have on property owners, it is important to understand what eminent domain refers to and the...