Condemnation & Eminent Domain

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...

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...

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...

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...

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...

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....

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...

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...

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...