ARIZONA STATE SENATE
Phoenix, Arizona
ADOT; condemnation; offers;
attorney fees
Requires the Arizona
Department of Transportation to pay any reasonable attorney’s fees on a
condemnation offer.
Currently, statute requires
that land acquired for transportation purposes be used for rights-of-way,
campsites, roadside rest areas, water or material needed in the construction,
improvement or maintenance of state highways, airports or other property under
the jurisdiction, possession or control of the Arizona Department of
Transportation (ADOT).
Under current statute, ADOT
is required to pay attorney fees only if the condemnation case is dismissed due
to the Department abandoning the proceedings, and the judge requests ADOT to
pay the fees of the other party.
Statute does not address the issue of condemnation proceedings that come
to completion, with ADOT acquiring the property.
This legislation would
require ADOT to pay attorney fees in the cases described in statute, as well as
instances that the condemnation is approved, and the Department’s offer was at
least ten percent below the lowest appraisal of the property.
According to ADOT, this
legislation would require the Department to pay attorney’s fees in an estimated
80 percent of all condemnation litigation proceedings.
1. Requires ADOT to pay reasonable attorney fees with regard to property being condemned, if the Department’s offer of compensation is not within ten percent of the final judgment or settlement on the property.
2. Provides for a general effective date.
Prepared by Senate Staff
January 25, 2000