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.

There are a lot of land-grabs made in the name of Eminent Domain.  Many people think if you just negotiate fairly with the city, SRP or other entity seeking to acquire your property, that they will play fair in return.  In most cases I think you will find the offer given is less than fair market value and often times the condemning authority will not give you or offer you any “severance” damages to the remaining parcel. Why?  They want to make money just like you do and so why feather YOUR nest when they can feather THEIR nest.  This is an age-old concept.  See what you can get someone to accept.  Well, don’t take the bait.   Get an Arizona Eminent Domain Attorney on your side to make sure they play by the rules and fairly compensate you for your property they want to take.  Make sure there is a TRUE PUBLIC USE.  These are just some of the reasons to get an Arizona lawyer on your side.  In some cases we can structure a contingency fee to assist you.