Arizona Eminent Domain General Principles!

1.  Property must be taken for a “public use” (as opposed to taking land to give to a private developer)

2.  The taking must be necessary for that public use

3.  The owner of the land is entitled to “just compensation”

4.  If there is any damage to the remaining parcel (portions of the property not taken) then the owner is entitled to “severance damages”

5. Experts may be used to establish the fair market value of the land taken and the owner can testify as to the value.