Arizona Laws 36-1478. Eminent domain
A. A municipality may acquire by condemnation any interest in real property, including a fee simple title to that real property, that it deems necessary for or in connection with a redevelopment project under this article, after the adoption by the local governing body of a resolution declaring that the acquisition of the real property described in that resolution is necessary for those purposes.
Terms Used In Arizona Laws 36-1478
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Local governing body: means the council or other legislative body charged with governing the municipality. See Arizona Laws 36-1471
- Municipality: means any incorporated city or town in the state. See Arizona Laws 36-1471
- Property: includes both real and personal property. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: includes all lands, including improvements and fixtures on the land, and property of any nature appurtenant to the land, or used in connection with the land, and every estate, interest and right, legal or equitable therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by the liens. See Arizona Laws 36-1471
B. Before a municipality may initiate a condemnation action it must make a good faith effort to negotiate the purchase of the property. If the municipality determines that it cannot acquire the property without the use of a condemnation action it must notify the property owner of the time, date and location of the public meeting concerning the municipality’s proposed action. The municipality must provide this notice by certified mail to the property owner’s address as stated on the most recent records of the county assessor.
C. The governing body of a municipality must authorize the condemnation of real property by a vote of at least two-thirds of its members.
D. A municipality may exercise the power of eminent domain in the manner provided in articles 2 or 3 of chapter 8, title 12, or in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.
E. Property already devoted to a public use may be acquired in like manner, but real property belonging to this state or any political subdivision of this state shall not be acquired without its consent.