The Fifth Amendment to the United States Constitution provides that “no person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. The Arizona Constitution also requires payment of just compensation to be paid to the owner of property that is taken or damaged by eminent domain. Ariz. Const. Art. 2, section 17.
In Arizona, the general rule is that the value of the part taken is to be determined by the market value of the property. Furthermore, the formula for compensation of a partial taking of property is the value of the land taken plus severance damages. Under Arizona statutory law, “severance damages” are defined as the damages that will accrue to the portion not sought to be condemned, and the construction of the improvement in the manner proposed by the condemning agency. Moreover, Arizona case law summarizes the statutory definition of severance damages as the difference between the market value of the remainder before and after the taking.
Condemnation and Eminent Domain cases are expert intensive. Choosing the right attorney and proper experts is vital in the evaluation and presentation of just compensation and damages a person is entitled to when handling an eminent domain/condemnation case. To effectively prepare your case, the attorney handling your case should consider utilizing experts such as land appraisers, land planners, architects, engineers and/or other qualified experts. Our law firm will provide you with excellent as well as aggressive legal representation and has the resources to retain the expert(s) each unique case requires when handling your eminent domain/condemnation case.
