Eminent Domain in Arizona gives you clear and concise explanations of eminent domain concepts, interpretations of Arizona constitutional law and statutes, and extensive case law citations with explanatory comments. If you represent clients who own real property, this well-organized reference is essential to your law library. Disk includes all forms contained in the book, for both plaintiff and defendant, plus interrogatories, and the Eminent Domain Jury Instructions.
Table of Contents:
1. Nature of the Power of Eminent Domain — Constitutional Provisions; Statutory Provisions; Comparison With Other Powers
2. Exercise of the Power of Eminent Domain — Exercise of Power by Public Entity; Exercise of Power by Private Parties
3. “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
4. Property Subject to Eminent Domain — What Property is Subject to the Power?; Nature of Interest of Title Acquired; Condemnation of Public Properties
5. 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?
6. What Is Constitutional “Damage”?
7. Who May Collect Compensation? — Separate Estates or Interests in Property; Compensation to Owner at the Time of Taking
8. Just Compensation — Constitutional Standards; Statutory Elements; Value of the Part Taken; Severance Damages; Benefits
9. 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
10. 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
11. 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
12. 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
13. Witnesses — The Owner’s Witness; Expert Testimony; Cross-Examination of Expert Witness; Calling The Adverse Party’s Expert
14. Forms ¾ 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
15. Jury Instructions ¾ Preliminary Instructions; Standard Instructions; Eminent Domain Instructions; Requested Instructions
16. Condemnation Case Work Flow Chart
17. Glossary, Table of Authorities and IndexPlease allow 7-10 days for shipping.