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A.R.S. § 12-1113

Estates in land subject to condemnation

Applied in 1 court decision — leading case Town of Paradise Valley v. Laughlin (1992)

Most recently applied in Town of Paradise Valley v. Laughlin (September 1992)

The interests, estates and rights in lands subject to be taken for public use, are:

1. A fee simple, when taken for public buildings or grounds or for permanent buildings, for use in connection with a right-of-way or for an outlet for the flow or a place for the deposit of tailings or refuse from a mine or for irrigating ditches. A leasehold interest in a building may be taken only if the underlying property is taken in fee title or easement.

2. An easement when taken for any use other than those set forth in paragraph 1.

3. A right of entry on and occupation of lands, and the right to take from the lands earth, gravel, stone, trees and timber necessary for a public use.

4. A use in the water of a stream, river or spring.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.