Table of Contents:
Nature of the Power of Eminent Domain — Constitutional Provisions; Statutory Provisions; Comparison With Other Powers
Exercise of the Power of Eminent Domain — Exercise of Power by Public Entity; Exercise of Power by Private Parties
“Public Use” and “Necessity” — What is a Public Use?; What Is Necessity?; The Determination of Slum or Blight; What Is “A More Necessary Public Use”?; Private Ways-of-Necessity
Property Subject to Eminent Domain — What Property is Subject to the Power?; Nature of Interest of Title Acquired; Condemnation of Public Properties
What Is Constitutional “Taking”? — When Does the Taking Occur in an Action Filed by the Condemnor?; What Constitutes a Taking in the Context of an Inverse Eminent Domain Action?
What Is Constitutional “Damage”?
Who May Collect Compensation? — Separate Estates or Interests in Property; Compensation to Owner at the Time of Taking
Just Compensation — Constitutional Standards; Statutory Elements; Value of the Part Taken; Severance Damages; Benefits
Valuation Concepts — Date of Valuation; Highest and Best Use; What Constitutes the Larger Parcel?; Increase or Decrease in Value Due to Condemnation Process; Methods of Valuation
Specific Issues of Interest — Leasehold Interests; Access; Damage to Business ; Noise, Fumes and Other Proximity Damages; Temporary Taking or Damage; Improvements; Easements; Flooding or Threat of Flooding; Utilities; Billboards; Change of Plans; Contractual Rights to Specific Construction Features; State School Trust Lands; Property Taxes; Adverse Possession; Relocation Assistance; Inverse Condemnations; Laches; Environmental Issues; Taxation of Award; Delay
Proceedings to Take Property — Statutory Provisions; Pleadings; Notice and Service; Appearance and Answer; Venue and Jurisdiction; Immediate Possession; Discovery; Motion for Summary Judgment; Trial; Burden of Proof; Jury Instructions; Appeal; Costs and Attorneys’ Fees; Payment of the Judgment; Abandonment of the Condemnation; Interest
Evidence — Scope of Direct Examination; Comparable Sales; Sale of the Subject Property; Offers and Options; Demonstrative Evidence; Written Appraisal Reports; Hearsay; Parol Evidence Rule; Admissions Against Interest; Income Tax Returns; Traffic Studies; Assessments; Funding Source of the Project; Weight of Evidence; Motion to Strike or Corrective Jury Instructions; Evidence Relevant for More than One Purpose
Witnesses — The Owner’s Witness; Expert Testimony; Cross-Examination of Expert Witness; Calling The Adverse Party’s Expert
Forms — Summons; Complaint in Condemnation (Eminent Domain); Certificate of Compulsory Arbitration; Order to Show Cause; Notice of Lis Pendens; Notice of Publication; Acceptance of Service (Defendant); Separate Answer of Defendant; Disclaimer of Interest of _______; Stipulation to Order for Immediate Possession; Order for Immediate Possession; Notice of Deposit and Warrant; Stipulation to Withdraw Cash Bond; Order to Withdraw Cash Bond; Motion to Transfer Cash Bond; Order to Transfer Cash Bond; Indemnitor’s Bond; Stipulation Re: Entry of Judgment; Stipulated Judgement; Receipt and Satisfaction of Judgment; Final Order of Condemnation; Release of Lis Pendens
Jury Instructions — Preliminary Instructions; Standard Instructions; Eminent Domain Instructions; Requested Instructions
Condemnation Case Work Flow Chart
Glossary, Table of Authorities and Index
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| Format | Title | File Size | Page Count |
|---|---|---|---|
| Eminent Domain in AZ, 3d Ed. 2013 | 1.84 MB | 391 |
Jennifer A. Ratcliff practices with Gallagher & Kennedy, P.A. in the area of general litigation, with an emphasis on condemnation and real estate valuation. She is also a member of the Trial Practice Section of the Arizona Bar Association. Ms. Ratcliff is a graduate of Saint Mary’s College of California (B.A., summa cum laude, 1997) and the University of Arizona (J.D., Order of the Coif, 2000).
Robert V. Kerrick is a senior shareholder in the Valuation Group at the Phoenix law firm of Gallagher & Kennedy, P.A. He received both his undergraduate and law degree from the University of Arizona. He was an Assistant Attorney General for seven years before entering private practice in 1973. He has served as a guest lecturer on eminent domain at Arizona State University College of Law, at numerous Maricopa County Bar Association Seminars, at the Arizona State Bar Convention, and at numerous other eminent domain seminars. He was a member of the Phoenix Zoning Ordinance Revision Committee (ZORC) from 1976 to 1984, the Phoenix Board of Adjustment in 1984-85, and the Phoenix Planning Commission from 1985 to 1989 – serving as Chairman in 1988. He is a member of the Arizona Bar Association. He has practiced law for 38 years in the areas of eminent domain and real estate valuation.
