What is the eminent domain process?

Eminent domain is the process by which a government or other public agency can take private property for public use. In Arizona, the eminent domain process starts with the government or other public agency determining that it needs the property for a public use. The public agency must then provide the property owner with a written statement of its intent to acquire the property. The public agency must also conduct a legally mandated appraisal of the property and provide the owner with a copy of the appraisal. The public agency must then make a reasonable offer to the property owner and give the owner the opportunity to negotiate the amount of compensation for the property. If the property owner and the public agency cannot reach an agreement, the public agency can still acquire the property through eminent domain. The public agency must then file an action with the appropriate court in Arizona to have a hearing to determine the just compensation due for the property. At the hearing, the court will consider the appraisals for the property, the testimony of the parties, and other evidence submitted. After considering the evidence, the court will issue an order determining the amount of just compensation for the property. The property owner is then entitled to receive the just compensation for the property within a reasonable time after the court order is issued.

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What is the eminent domain process?

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