Light Rail
Our office has completed approximately 17 cases in Tempe, Phoenix, and Mesa. Some involved complete takings of properties for Park & Ride stations. Other takings consisted of easements that diminished the size of owner property. Because these takings were on busy roads like Central Avenue, Camelback, and Washington in Phoenix and Apache Boulevard in Tempe, severance damages arose. Severance damages are those damages that accrue to property that is left after the City takes what it needs for its public project. For light rail, that sometimes means a loss of signage, an impact on access, or building limitations, or all three.
Arizona Department of Transportation
Most of us have lived through the construction of an extensive freeway system in a county that in 1975 had very few freeways. These ADOT takings are usually takings in fee or takings of an entire piece of property, but they often result in severance claims because of the impact on the remaining property. Current ADOT projects include: the widening of the I-10 to Tempe, the 202, the 303, and the 30 to serve the south of Phoenix and relieve traffic from the I-10.
Flood Control
Often steps are taken to enhance flood control, which usually means an impact on properties near canals and rivers. There, issues arise as to suitability of the properties for improvements and environmental issues including Section 404 permits.
City Expansion
Cities often use condemnation powers, both for road widenings, sewers and for public buildings. In the past, our office has handled takings for: a Paradise Valley fire station, Chandler City Hall, the Town of Gilbert, Pecos Road widening, and property that was part of Mesa’s ill-fated attempt to take private property for retail use at County Club and Main. Whether it is a library, fire station, or a city hall, cities exercise powers of condemnation that have been delegated to them by the Arizona legislature. When they exercise that power, there are limits to the exercise that occasionally requires enforcement.
Power Transmission Lines & Natural Gas Pipelines
Salt River Project and APS exercise eminent domain powers granted to them by the Arizona legislature. In the case of the power companies, transmission lines that range from 69,000 volts to 500,000 volts often criss-cross our Valley. In some cases, the lines are underground but that is an exception. Except for those underground lines, the visual impact on the remaining property creates a severance damage that anyone who lives near power lines or transmission lines readily recognizes. Issues relating to electromagnetic fields, heat, and other safety issues often arise for land in the path of transmission lines. Recently, an out of state entity has sought federal approval for a natural gas pipeline that crosses both public and private property from south to north through our state. The issues that arise relating to the lines and the metering stations are similar to the power pole issues, but those matters are typically resolved in a federal courthouse as opposed to an Arizona Superior Court.
County Takings
Our office has handled multiple matters in Pinal County, Yavapai, and Yuma County. Yuma, in particular, has been aggressive in acquiring property for public purposes. Those projects have ranged from parks to expansion of court complexes to road widenings to water-lift stations. We have experience seeking just compensation for property owners before superior courts in the counties of Pinal, Yavapai, and Yuma.
Water Company Takings and Easements
Water companies often need to acquire easements to place their pipelines for carrying water to and from their storage facilities, reservoirs, and service areas. Sometimes a partial or permanent taking occurs for the water company's uses. Our office has extensive experience with the operation of water companies.
Our office has completed approximately 17 cases in Tempe, Phoenix, and Mesa. Some involved complete takings of properties for Park & Ride stations. Other takings consisted of easements that diminished the size of owner property. Because these takings were on busy roads like Central Avenue, Camelback, and Washington in Phoenix and Apache Boulevard in Tempe, severance damages arose. Severance damages are those damages that accrue to property that is left after the City takes what it needs for its public project. For light rail, that sometimes means a loss of signage, an impact on access, or building limitations, or all three.
Arizona Department of Transportation
Most of us have lived through the construction of an extensive freeway system in a county that in 1975 had very few freeways. These ADOT takings are usually takings in fee or takings of an entire piece of property, but they often result in severance claims because of the impact on the remaining property. Current ADOT projects include: the widening of the I-10 to Tempe, the 202, the 303, and the 30 to serve the south of Phoenix and relieve traffic from the I-10.
Flood Control
Often steps are taken to enhance flood control, which usually means an impact on properties near canals and rivers. There, issues arise as to suitability of the properties for improvements and environmental issues including Section 404 permits.
City Expansion
Cities often use condemnation powers, both for road widenings, sewers and for public buildings. In the past, our office has handled takings for: a Paradise Valley fire station, Chandler City Hall, the Town of Gilbert, Pecos Road widening, and property that was part of Mesa’s ill-fated attempt to take private property for retail use at County Club and Main. Whether it is a library, fire station, or a city hall, cities exercise powers of condemnation that have been delegated to them by the Arizona legislature. When they exercise that power, there are limits to the exercise that occasionally requires enforcement.
Power Transmission Lines & Natural Gas Pipelines
Salt River Project and APS exercise eminent domain powers granted to them by the Arizona legislature. In the case of the power companies, transmission lines that range from 69,000 volts to 500,000 volts often criss-cross our Valley. In some cases, the lines are underground but that is an exception. Except for those underground lines, the visual impact on the remaining property creates a severance damage that anyone who lives near power lines or transmission lines readily recognizes. Issues relating to electromagnetic fields, heat, and other safety issues often arise for land in the path of transmission lines. Recently, an out of state entity has sought federal approval for a natural gas pipeline that crosses both public and private property from south to north through our state. The issues that arise relating to the lines and the metering stations are similar to the power pole issues, but those matters are typically resolved in a federal courthouse as opposed to an Arizona Superior Court.
County Takings
Our office has handled multiple matters in Pinal County, Yavapai, and Yuma County. Yuma, in particular, has been aggressive in acquiring property for public purposes. Those projects have ranged from parks to expansion of court complexes to road widenings to water-lift stations. We have experience seeking just compensation for property owners before superior courts in the counties of Pinal, Yavapai, and Yuma.
Water Company Takings and Easements
Water companies often need to acquire easements to place their pipelines for carrying water to and from their storage facilities, reservoirs, and service areas. Sometimes a partial or permanent taking occurs for the water company's uses. Our office has extensive experience with the operation of water companies.
