What is the standard of review for an eminent domain case?

The standard of review for an eminent domain case in Arizona is de novo review. De novo review means that the appeals court will not give deference to the lower court’s ruling, but instead will examine the evidence and law from scratch. This standard applies to all appeals involving eminent domain cases in the state, as it is a matter of state law. In order for a court to approve a taking of property in Arizona, it must meet certain criteria. This is based on the Takings Clause of the Fifth Amendment of the U.S. Constitution, which requires that private property can only be taken for a public use and with just compensation. A public use is defined as a necessary and beneficial service for the benefit of the community, such as a bridge or public park. Just compensation is a payment that gets the owner of the property what it is worth. When the court reviews an eminent domain case in Arizona, it must consider all the evidence presented and determine whether the taking of the property meets the legal criteria for a valid public use and provides the landowner with just compensation. If it does, the court will authorize the taking of the property. If not, the court will deny the taking and the landowner will keep their property.

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What is the standard of review for an eminent domain case?

What is the standard of review for an eminent domain case?

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