A. In addition to other remedies available by law, a person that files an action in a court of record in this state to enjoin a natural resources project and that does not prevail may be assessed court costs and damages as determined by the court incurred by the natural resources project as a result of the injunction, including any of the following:

Terms Used In Arizona Laws 37-108

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the state land department. See Arizona Laws 37-101
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

1. Costs relating to fire suppression.

2. Costs relating to flooding or damage to the watershed.

3. Costs relating to the damage or loss of natural resources or real property.

B. Any monetary damages awarded by the court pursuant to subsection A of this section shall be deposited in an account established and managed by the department for the purpose of paying for the costs incurred as a result of the injunction, including the costs identified in subsection A of this section.

C. For the purposes of this section, "natural resources project" includes any project that reduces the risk of catastrophic fire or loss from erosion, flooding and landslides or that protects watersheds.

 

  Previous section
Next section  
 Article 1 Contents