Prerequisites to taking property by condemnation
Applied in 4 court decisions — leading case City of Tempe v. Fleming (1991)
Most recently applied in City of Mesa v. Smith Co. of Arizona, Inc. (August 1991)
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Except as provided by section 28-7102, before property may be taken, it shall appear that:
1. The use to which the property is to be applied is a use authorized by law.
2. The taking is necessary to such use.
3. If the property is already appropriated to some public use, the public use to which it is to be applied is a more necessary public use.
Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.