Rail expansions in Arizona can raise concerns for landowners whose property is impacted. As new tracks, stations, or other infrastructure are developed, properties may be directly or indirectly affected, leading to potential takings claims. These claims arise when...
Condemnation & Eminent Domain
Can business losses be recovered in a condemnation case?
When a government project takes over private property, businesses often face serious financial setbacks. You may lose access to your customers, face relocation costs, or see your profits drop during construction. But can you recover these losses in a condemnation case...
Key difference between eminent domain vs. inverse condemnation
Commercial property owners sometimes face unexpected challenges when government projects encroach on their land. One of the most significant legal issues in these situations is whether the case involves eminent domain or inverse condemnation. Eminent domain is the...
Can you challenge eminent domain property seizures?
Going up against the full and awesome power of the government can often seem as futile as tilting at windmills. When it comes to issues of eminent domain, the government can and will seize homeowners’ property to facilitate projects or maintain existing...
Understanding partial takings in eminent domain
Partial taking is when the government takes only a portion of your land or property rights for public use, rather than the entire property. Just like total takings where the government acquires the whole land, you deserve just compensation for a partial taking. ...
How fair market value is determined in eminent domain cases
Imagine waking up one day to find out the government wants to take your property. This process is called eminent domain, and it can leave you feeling uncertain and worried about getting a fair deal. Understanding how the government determines fair market value in...
Protecting your property: Explaining inverse condemnation
As a property owner, you take pride in your land and the value it holds. But did you know that the government's actions can quietly devalue your property without physically taking it? There are many ways that the government can impact your property's value outside of...
What happens when the government takes your property without compensation?
Imagine waking up one morning to find that the government has taken control of your property without your consent and without compensation. This is the harsh reality of inverse condemnation, a phenomenon that can leave property owners feeling helpless and frustrated....
Your rights when your land is taken through eminent domain
When you purchase property, you are likely knowledgeable of the acreage of the parcel as well as your property lines. However, this could all change if the government seeks to take a portion of your property. While you have the right as an American citizen to life,...
A condominium unit owner has rights under eminent domain law
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...
