12-1131. Property may be taken only for public use consistent with this article
(Caution: 1998 Prop. 105 applies)
Eminent domain may be exercised only if the use of eminent domain is authorized by this state, whether by statute or otherwise, and for a public use as defined by this article.
Structure Arizona Revised Statutes
Title 12 - Courts and Civil Proceedings
§ 12-101 - Justices; number; term; election
§ 12-102.01 - Criminal case processing and enforcement improvement fund
§ 12-102.02 - State aid to the courts fund
§ 12-102.03 - Local courts assistance fund
§ 12-105 - Days for transaction of business
§ 12-107 - Publication of opinions
§ 12-108 - Reports of decisions; publication; distribution
§ 12-110 - Advisory board; objections to rules
§ 12-111 - Statutes as rules of court
§ 12-112 - Education program for justices and magistrates
§ 12-113 - Judicial collection enhancement fund; purpose; administration; report; definition
§ 12-114 - Surcharge on court authorized diversion programs for traffic offenses; deposit
§ 12-114.01 - Probation assessment; deposit
§ 12-115 - Additional filing, appearance and answer or response fees; deposit
§ 12-116.01 - Surcharges; remittance reports; fund deposits
§ 12-116.02 - Additional surcharges; fund deposits
§ 12-116.03 - Collection agencies
§ 12-116.05 - Address confidentiality program assessment
§ 12-116.06 - Assessment for family offenses, harassment and stalking
§ 12-116.07 - Assessments for dangerous crimes against children and sexual assault
§ 12-116.08 - Penalty assessment; victims' rights; fund deposits
§ 12-116.09 - Assessment; victims' rights enforcement
§ 12-116.10 - Assessment; peace officer training equipment fund
§ 12-116.11 - Assessment; drag racing prevention enforcement fund
§ 12-117 - Public defender training fund; appropriation
§ 12-118 - Use of credit cards by courts; definition
§ 12-119 - Facilities management
§ 12-119.01 - Supreme court fees; distribution
§ 12-119.02 - Electronic filing and access; fee
§ 12-119.03 - Performance audit; supreme court administration and programs; hearing
§ 12-119.04 - Evaluation of superior court commissioners
§ 12-119.05 - Post of duty; supreme court justice
§ 12-120 - Creation of court of appeals; court of record; composition; sessions
§ 12-120.01 - Qualifications of judges; terms; ballots; vacancies
§ 12-120.02 - Election of judges
§ 12-120.03 - Salary of judges
§ 12-120.04 - Chief judge; duties
§ 12-120.05 - Seal; affixing of seal
§ 12-120.06 - Days for transaction of business
§ 12-120.07 - Opinions; publication
§ 12-120.08 - Appointment of clerk; oath; compensation
§ 12-120.09 - Duties of clerk; records; certified copies
§ 12-120.21 - Jurisdiction and venue
§ 12-120.22 - Appeals; transfer of case, appeal or petition for a writ
§ 12-120.23 - Transfer of case and appeal by the supreme court
§ 12-120.24 - Rehearing review by supreme court; issuance of mandate
§ 12-120.31 - Fees and costs; distribution
§ 12-121 - Number of judges; petition for approval of additional judges; additional method
§ 12-122 - General power of superior court
§ 12-123 - Jurisdiction and powers
§ 12-124 - Appellate jurisdiction; issuance of writs
§ 12-125 - Procedure for appeal when not prescribed
§ 12-126 - Seal; affixing of seal
§ 12-127 - Days for transaction of business; exceptions
§ 12-128 - Salary of judges; payment by state and counties
§ 12-129 - Expenses of judge sitting in other county or supreme court
§ 12-130 - Place of holding court; accommodations
§ 12-132 - Regional mental health courts; establishment; authority to adjudicate
§ 12-135 - Alternative dispute resolution fund
§ 12-135.01 - Local alternative dispute resolution fund; report
§ 12-136 - Tribal courts; involuntary commitment orders; recognition
§ 12-137 - Civil case assignment
§ 12-141 - Appointment of judges pro tempore
§ 12-143 - Payment of salaries and other expenses; providing facilities; judicial employees
§ 12-144 - Limitations; term; reappointment; extension of duties; powers and duties
§ 12-145 - Appointment of judges pro tempore of the court of appeals
§ 12-147 - Limitations; term; reappointment; extension of duties; powers and duties
§ 12-161 - Definition of tax court
§ 12-162 - Administration of the tax court; principal office; travel expenses; facilities; employees
§ 12-163 - Assignment to tax court
§ 12-165 - Venue; change of judge
§ 12-166 - Commencement of proceedings
§ 12-167 - Filing fees; filing by mail
§ 12-169 - Rules of procedure; reporting
§ 12-170 - Decisions; judgment; appeal
§ 12-171 - Publication of decisions
§ 12-172 - Small claims procedures; election; judge
§ 12-173 - Notice; dismissal; removal
§ 12-174 - Hearing; representation; no appeal right
§ 12-201 - Oath; office; deputies
§ 12-202 - Duties; record of proceedings; certified copies
§ 12-202.01 - Preservation and destruction of records
§ 12-203 - Salary of clerk and deputy; administrative director
§ 12-211 - Appointment; qualifications and residence
§ 12-212 - Powers; compensation
§ 12-213 - Commissioners in certain counties; appointment; powers and duties; salary
§ 12-221 - Appointment and oath
§ 12-223 - Attendance at and report of proceedings; sale of transcripts
§ 12-224 - Salary; fees for transcripts; free transcripts; office supplies
§ 12-225 - Appointment of deputies; compensation
§ 12-231 - Appointment and duties
§ 12-241 - Appointment; court attendance
§ 12-242 - Interpreters for deaf persons; proceedings; definitions
§ 12-251 - Adult probation officers and support staff; appointment; qualifications
§ 12-252 - Salaries and expenses
§ 12-254 - Chief adult probation officer; duties; other officers' duties
§ 12-255 - Private enterprise probation services
§ 12-256 - Probation officers; enforcement of pretrial release conditions
§ 12-259 - Adult surveillance officers; appointment; qualifications; salaries; expenses
§ 12-259.01 - Powers and duties
§ 12-262 - Submission of plan; use of funds; report
§ 12-263 - Approval and revocation of plans
§ 12-264 - Continued allocation of funds
§ 12-265 - Allocation of funds; prohibition
§ 12-266 - Administrative personnel
§ 12-267 - Adult probation services fund; accounts; expenditure plan; use
§ 12-268 - Juvenile probation fund; use
§ 12-281 - Oath; bond; salary; annual increase; prohibition
§ 12-284.01 - Document and digital evidence storage and retrieval conversion fund; purposes
§ 12-284.03 - Distribution of fees
§ 12-285 - Refusal of clerk to disburse fine or forfeiture; classification
§ 12-286 - Investment of deposits; definition
§ 12-287 - Clerk of the superior court victim location fund; exemption from lapsing
§ 12-288 - Removal of debts from accounting system
§ 12-289 - Spousal maintenance enforcement enhancement fund; surcharge
§ 12-299.01 - Submission of plan; use of monies; prohibitions
§ 12-299.02 - Community punishment advisory committee; duties
§ 12-299.03 - Duties of the supreme court; evaluation
§ 12-299.05 - Administrative personnel
§ 12-299.10 - Court security officers; certification; powers and duties
§ 12-301 - Time of payment of fees; effect of failure to collect; alternative payment methods
§ 12-303 - Witness fees and mileage
§ 12-305 - County law library fund
§ 12-311 - Filing, appearance, judgment and decree fees
§ 12-312 - Fees for intervenors and new parties
§ 12-313 - Probate conservatorship, guardianship and fiduciary fees
§ 12-314 - Prohibition upon rule allowing tax, charge or allowance
§ 12-321 - Appeals or original applications
§ 12-322 - Notice of prepayment; effect of failure to pay
§ 12-331 - Taxable costs in supreme court
§ 12-332 - Taxable costs and jury fee in superior court
§ 12-333 - Disallowance as costs of charge for unrequired papers
§ 12-341.01 - Recovery of attorney fees
§ 12-341.02 - Recovery of legal document preparation fees
§ 12-343 - Costs of new trial, arrest of judgment or insufficient pleadings
§ 12-344 - Costs upon splitting of action
§ 12-346 - Statement of costs; service and objections
§ 12-347 - Inclusion of costs and interest in judgment
§ 12-348.01 - Recovery of attorney fees; governmental entities
§ 12-349 - Unjustified actions; attorney fees, expenses and double damages; exceptions; definition
§ 12-350 - Determination of award; reasons; factors
§ 12-352 - Medical malpractice judgments; payment of interest; definition
§ 12-353 - Recovery of costs; attorney discipline investigations; definition
§ 12-402 - Venue of actions commenced after organization of new county
§ 12-403 - Transfer of action to new county
§ 12-404 - Action brought in wrong county; jurisdiction; application for transfer; hearing
§ 12-405 - Change of venue by consent
§ 12-406 - Change of venue for cause; grounds; bond; appeal
§ 12-408 - Procedure for change of venue when county is a party
§ 12-409 - Change of judge; grounds; affidavit
§ 12-410 - Punishment for contempt for filing affidavit for change of judge prohibited
§ 12-411 - Limitation on changes of venue or judge; selection of county or judge
§ 12-501 - Effect of absence from state
§ 12-502 - Effect of minority or insanity
§ 12-503 - Tacking of disabilities prohibited
§ 12-505 - Effect of statute changing limitation
§ 12-506 - Action barred by foreign statute of limitation, bankruptcy or insolvency
§ 12-507 - Action against person removing to this state
§ 12-508 - Effect of acknowledgment upon barred action
§ 12-510 - Exemption of state from limitations
§ 12-511 - Civil action arising from criminal conduct; definitions
§ 12-512 - Punitive damages awards; illegal aliens
§ 12-513 - Civil action arising from unlawful mutilation; statute of limitation; treble damages
§ 12-522 - Real property claimed only by right of possession; two year limitation
§ 12-523 - Real property in adverse possession under title or color of title; three year limitation
§ 12-524 - City lot claimed under recorded deed; five year limitation
§ 12-527 - Effect of limitation on title
§ 12-528 - Persons under disability
§ 12-529 - Defenses available for certain actions by the state or person claiming through the state
§ 12-530 - Home inspector liability; four year limitation
§ 12-545 - Bond of personal representative or guardian; four year limitation
§ 12-546 - Specific performance of contract to convey realty; four year limitation
§ 12-547 - Failure to make return on execution; five year limitation
§ 12-548 - Contract in writing for debt; six year limitation; choice of law
§ 12-554 - Limited liability; baseball facilities; definitions
§ 12-555 - Uninsured and underinsured motorist coverage; claims; time limits
§ 12-557 - Possessors of land; limited liability for trespasser harm
§ 12-558 - Liability release agreement; space flight activities; definitions
§ 12-558.02 - Limited liability; removing minor or confined animal from motor vehicle; definition
§ 12-559.01 - Asbestos-related actions; successor corporation liability; applicability
§ 12-559.02 - Establishing the fair market value of total gross assets
§ 12-559.03 - Adjustment of the fair market value of total gross assets
§ 12-562 - Medical malpractice actions; grounds
§ 12-563 - Necessary elements of proof
§ 12-564 - Qualified immunity; students; duty of care
§ 12-565 - Health care actions; collateral source evidence
§ 12-566 - Health care actions; complaint; specific amount of damages not to be stated
§ 12-567 - Civil fertility fraud; liability; statute of limitations; definitions
§ 12-568 - Review of attorneys' fees in health care actions; guidelines
§ 12-570 - Malpractice settlement or award reporting; civil penalty; definition
§ 12-572 - Burden of proof for treatment in emergency departments or rendered by on-call providers
§ 12-573 - Limited liability for treatment related to delivery of infants; exception; definition
§ 12-582 - Election of periodic payments
§ 12-584 - Special findings; future damages
§ 12-585 - Evidence of future damages
§ 12-586 - Entering a judgment for future damages
§ 12-587 - Funding judgments for periodic installments
§ 12-589 - Discounting future damages to present value
§ 12-590 - Effect of death on periodic installments
§ 12-591 - Assignment of periodic installments
§ 12-592 - Exemption of benefits
§ 12-594 - Arbitration and settlement agreements
§ 12-601 - Application; venue; judgment; sealing of record
§ 12-602 - Notice of application; effect of change on rights and obligations
§ 12-612 - Parties plaintiff; recovery; distribution; disqualification
§ 12-613 - Measure of damages; nonliability for debts of decedent
§ 12-621 - Procedure to establish identity of persons
§ 12-622 - Notice of hearing; effect of establishing identity
§ 12-632 - Unlawful motor vehicle subleasing; civil action; exemption
§ 12-641 - Persons who may maintain action for injury to child or ward
§ 12-651 - Uniform single publication act
§ 12-653.04 - Publication or broadcast of correction prior to demand
§ 12-661 - Liabilities of parents or legal guardians for malicious or wilful misconduct of minors
§ 12-683 - Affirmative defenses
§ 12-684 - Indemnification; tender of defense; execution
§ 12-685 - Contents of complaint; amount of recovery
§ 12-686 - Inadmissible evidence
§ 12-687 - Reasonable remedial measures; cause of action; punitive damages
§ 12-688 - Duty to warn; food products
§ 12-689 - Exemption from punitive or exemplary damages; applicability; definitions
§ 12-691 - Civil liability for shoplifting; adult; emancipated minor
§ 12-692 - Shoplifting by unemancipated minor; liability of parent or guardian; foster parents
§ 12-693 - Conviction for shoplifting; admissibility
§ 12-694 - Bringing action; court
§ 12-701 - Drugs; exemplary or punitive damages; definition
§ 12-711 - Affirmative defense; limitation
§ 12-712 - Affirmative defense; limitation; criminal act
§ 12-713 - Providers of emergency services; civil liability
§ 12-714 - Actions against firearm manufacturers; prohibition; findings; definitions
§ 12-716 - Injury during criminal acts; civil actions; presumptions; definitions
§ 12-717 - Liquefied petroleum gas provider; liability; definitions
§ 12-718 - Emergency aid involving liquefied petroleum gas; exemption from civil liability
§ 12-719 - Civil liability; wrongful birth or life claims; applicability
§ 12-720 - Nondisclosure agreements; applicability; use of public monies; definitions
§ 12-731 - Recovery of civil damages
§ 12-751 - Strategic actions against public participation; motion to dismiss or quash; definitions
§ 12-771 - Factual innocence; judicial determination; procedure; definition
§ 12-772 - Factual improper party status; judicial determination; procedure; definition
§ 12-773 - Factual innocence; factual improper party; other remedies
§ 12-781 - Transportation or storage of firearms; motor vehicles; applicability
§ 12-801 - General definitions
§ 12-802 - Abatement of certain nuisances
§ 12-803 - Parties and scope of action
§ 12-804 - Temporary injunction; affidavit and verified complaint
§ 12-807 - Application of proceeds of sale; sale of building to make up deficiency
§ 12-808 - Release of property; bond and conditions; exception
§ 12-809 - Contempt fine as lien on premises; execution
§ 12-810 - Violation as contempt; classification
§ 12-813 - Abatement of nuisance
§ 12-814 - Procedure in injunction action
§ 12-815 - Priority of action; evidence; costs
§ 12-816 - Content of judgment and order
§ 12-817 - Civil penalty; forfeiture; accounting
§ 12-818 - Petition by commercial operators or qualified electors for action
§ 12-820.01 - Absolute immunity
§ 12-820.02 - Qualified immunity
§ 12-820.03 - Affirmative defense; resolution by trial
§ 12-820.04 - Punitive and exemplary damages; immunity
§ 12-820.05 - Other immunities
§ 12-820.08 - Potable water systems; standard of care
§ 12-820.09 - Transportation, distribution or use of remediated water; definitions
§ 12-821 - General limitation; public employee
§ 12-821.01 - Authorization of claim against public entity, public school or public employee
§ 12-823 - Judgment for plaintiff; amount; interest and costs
§ 12-826 - Report of judgments to legislature by governor; payment
§ 12-861 - Criminal contempt defined
§ 12-862 - Order to show cause; service; return; attachment of person or sequestration of property
§ 12-863 - Trial; classification; appeal
§ 12-864 - Direct or constructive contempts; punishment
§ 12-864.01 - Proof of contempt of court
§ 12-881 - Conditions under which property escheats
§ 12-882 - Duty of department of revenue regarding escheats; complaint and parties
§ 12-883 - Summons; service and publication
§ 12-885 - Seizure and sale of escheated property; disposal of proceeds; exception
§ 12-886 - Claim by heir, devisee or owner of proceeds from sale of escheated property
§ 12-887 - Determination of claims; appeal
§ 12-888 - Concurrent authority of the department of revenue
§ 12-889 - Escheated property; rules and regulations; salary
§ 12-890 - Agreement to recover property
§ 12-903 - Power of supreme court to make procedural rules
§ 12-904 - Commencement of action; transmission of record
§ 12-905 - Jurisdiction and venue
§ 12-907 - Appearance of parties to the appeal
§ 12-909 - Pleadings and record on review
§ 12-911 - Powers of superior court
§ 12-931 - Proceeding in state court; stay, hearing and precedence of appeal
§ 12-942 - Disposal of property unclaimed for thirty days
§ 12-943 - Authorized dispositions
§ 12-944 - Owner receipt; publication of property valued at more than one hundred fifty dollars
§ 12-962 - Recovery of cost of medical care
§ 12-963 - Compromise or waiver of claim
§ 12-972 - Liability for emergency services
§ 12-982 - Qualified immunity; insurance coverage
§ 12-992 - Residential property nuisances; temporary restraining order; notice; hearing; costs
§ 12-993 - Precedence of action; resident actions; costs
§ 12-994 - Violation; classification
§ 12-995 - Recording notice of action; subsequent acquisition of property
§ 12-996 - Appointment of temporary receiver; term; duties; accounting
§ 12-997 - Closing orders; enforcement; notice; moving assistance; violation; classification
§ 12-998 - Nuisance; commercial buildings used for crime; action to abate and prevent
§ 12-999 - Commercial property nuisances; temporary restraining order; notice; hearing
§ 12-1011 - Liability for animal rescue costs
§ 12-1101 - Parties; claim; service on attorney general
§ 12-1111 - Purposes for which eminent domain may be exercised
§ 12-1112 - Prerequisites to taking property by condemnation
§ 12-1113 - Estates in land subject to condemnation
§ 12-1114 - Private property subject to condemnation
§ 12-1115 - Right of state to enter and survey property for public use
§ 12-1116 - Actions for condemnation; immediate possession; money deposit
§ 12-1118 - Joint or separate actions; consolidation
§ 12-1119 - Summons; contents; service
§ 12-1120 - Right to defend action
§ 12-1121 - Powers of court; precedence
§ 12-1122 - Ascertainment and assessment of value, damages and benefits
§ 12-1123 - Accrual of right to compensation and damages; limitation
§ 12-1124 - Payment of compensation; effect of failure to pay
§ 12-1125 - Payment of damages in proceedings by railroad
§ 12-1126 - Final order of condemnation; recording; vesting of property
§ 12-1128 - Costs and jury fees
§ 12-1129 - Dismissal of condemnation action; litigation expenses
§ 12-1130 - Fees and expenses; appraisal; relocation benefits; applicability
§ 12-1131 - Property may be taken only for public use consistent with this article
§ 12-1133 - Just compensation; slum clearance and redevelopment
§ 12-1134 - Diminution in value; just compensation
§ 12-1135 - Attorney fees and costs
§ 12-1144 - Inclusion of separate parcels in single action
§ 12-1145 - Notice of proceedings; effect of filing notice
§ 12-1147 - Special master; duties; qualifications; compensation; oath; limitation upon powers
§ 12-1148 - Notice of hearing by special master
§ 12-1149 - Hearing by special master
§ 12-1151 - Limitation on time for filing report of special master
§ 12-1152 - Notice of filing report and of hearing objections to report; waiver of right to object
§ 12-1154 - Filing certified copy of judgment
§ 12-1157 - Effect of vesting of title
§ 12-1158 - Effect of payment into court; security; disbursement
§ 12-1159 - Action to recover award paid to wrong person
§ 12-1160 - Appeal; stay of proceedings; bond
§ 12-1162 - Supplemental nature of article; procedure
§ 12-1171 - Acts which constitute forcible entry or detainer
§ 12-1172 - Definition of forcible entry
§ 12-1173 - Definition of forcible detainer; substitution of parties
§ 12-1173.01 - Additional definition of forcible detainer
§ 12-1174 - Immateriality of time possession obtained by tenant
§ 12-1175 - Complaint and answer; service and return; notice and pleading requirements
§ 12-1176 - Demand for jury; trial procedure
§ 12-1177 - Trial and issue; postponement of trial
§ 12-1178 - Judgment; writ of restitution; limitation on issuance; criminal violation; notice
§ 12-1179 - Appeal to superior court; notice; bond