What is the timeline of the eminent domain process?
In Arizona, the eminent domain process begins when the condemning authority, usually a federal, state, or local government, proposes to acquire the property through a declaration of taking. This document will describe the property to be taken, the proposed use of the property, and the proposed compensation for the property, which is usually based on an appraisal of the property’s fair market value. Once the declaration of taking is issued, the property owner has 60 days from the date of issuance to file a claim for compensation if they disagree with the proposed payment. The claim must include specific information, such as evidence of the property’s value and the property owner’s contact information. After the claim is filed, the court will conduct a hearing to determine whether the proposed compensation is appropriate or not. If the court rules in favor of the condemning authority, then they will have the right to take immediate possession of the property and the property owner will be paid the proposed compensation amount. If the court rules in favor of the property owner, a separate hearing will be held to determine the appropriate compensation for the taking of the property. Both parties can submit evidence to support their claims and a jury will ultimately decide the amount of compensation to be awarded. Once the court rules on the amount of compensation, the condemning authority will pay the property owner and take possession of the property.
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