reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1147 - Special master; duties; qualifications; compensation; oath; limitation upon powers

12-1147.
Special master;  duties;  qualifications;  compensation;  oath;  limitation upon powers
A. The court,  at the time of the hearing,  shall appoint a special master to fix the amount of damages and compensation for the taking and condemnation of the property described in the complaint,  to determine the persons entitled thereto and to report such facts to the court.
B. The special master shall be a disinterested person not related to anyone having an interest in or lien upon the property sought to be condemned. The compensation of the special master shall not exceed fifteen dollars per day plus travel and subsistence expenses.
C. The special master immediately after appointment shall subscribe to an oath that to the best of his ability he will truly find and return the compensation for the taking and condemnation of the property and the persons entitled thereto.
D. This section and the succeeding sections of this article pertaining to the appointment,  duties and powers of,  and proceedings before,  a special master shall not apply to any person who has filed a written demand for trial by jury as to the amount of compensation. The rights of such person as to the amount of compensation shall be determined by jury trial and not by the special master.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1148 - Notice of hearing by special master

12-1148.
Notice of hearing by special master
A. Immediately after being appointed and taking the oath,  the special master shall send notice by registered mail to all persons who have appeared in the action,  or to their attorneys of record,  and to all others having any interest in or lien upon the real property sought to be condemned,  as shown by the records of the office of the county recorder,  and to guardians ad litem appointed pursuant to the provisions of section 12-1146. The notice shall be addressed to such persons at their respective last known addresses and shall be substantially in the following form:
" IN THE COURT FOR THE OF
TO WHOM IT MAY CONCERN:
Notice is hereby given that (here insert name of plaintiff) has filed a complaint in the above court to acquire by condemnation under the laws relating to the condemnation of real property for public works projects for (here give a brief general description of the public works project for which the land is sought to be acquired),  the following described land: (Here describe the land sufficiently for the identification thereof. The description may be by a plat or map).
All persons having an interest in or lien upon the above described property,  for which compensation will be demanded,  are hereby notified that all claims or demands for compensation by reason of the taking and condemnation of such property shall be filed in writing with said court before (here insert date at least fifteen days after the date set for the court hearing in the notice specified in section 12-1145),  and shall be deemed waived unless so filed,  and that on a hearing will be held by the special master at (insert time and place fixed by the court for such hearing) with respect to the amount of compensation to be paid for the property sought to be condemned,  and the persons entitled thereto.
Dated day of
Special master appointed by the court."
B. The special master shall also cause a copy of the notice to be posted in conspicuous places on the property sought to be condemned.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1149 - Hearing by special master

12-1149.
Hearing by special master
A. After notice by mailing and posting has been given as provided by section 12-1148,  the special master,  on the date for hearing specified in the notice,  shall proceed immediately to hear and determine the question of just compensation for the taking and condemnation of the property and the persons entitled to the compensation.
B. The special master may issue subpoenas,  administer oaths to witnesses,  receive evidence and have it recorded.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1150 - Admissibility of certain evidence before special master; effect of increased property value upon award

12-1150.
Admissibility of certain evidence before special master;  effect of increased property value upon award
A. For the purpose of determining the value of the real property sought to be condemned and fixing just compensation therefor,  the following evidence,  in addition to other evidence which is relevant,  material and competent,  shall be admitted and considered relevant,  material and competent by the special master:
1. Evidence that a building or improvement is unsafe or unsanitary or a public nuisance,  or is in a state of disrepair,  and of the cost to correct the condition,  even though no action has been taken by local authorities to remedy the condition.
2. Evidence that any public body of the state,  charged with the duty of abating or requiring the correction of nuisances or like conditions,  or demolishing unsafe or unsanitary structures,  issued an order directing the abatement or correction of such conditions existing with respect to the building or improvement or the demolition of the building or improvement,  and of the cost which compliance with the order would entail.
3. Evidence of the last assessed valuation of the property for purposes of taxation and of affidavits or tax return made by the owner in connection with such assessment which reflect the value of the property,  and income tax returns of the owner disclosing amounts deducted on account of obsolescence or depreciation of the property.
4. Evidence that the buildings and improvements are being used for illegal purposes or are so overcrowded as to be dangerous or injurious to the health,  safety,  morals or welfare of the occupants thereof,  and the extent to which the rentals from such buildings or improvements are enhanced by reason of such use.
5. Evidence of the price and other terms upon a sale or the rent reserved and other terms of a lease or tenancy relating to the property or to similar property in the vicinity when the sale or leasing occurred or the tenancy existed within a reasonable time of the hearing.
B. The award of compensation shall not be increased by reason of an increase in the value of the property resulting from the public works project to be placed thereon.
C. No allowance shall be made for improvements begun on property after publication of the notice specified in section 12-1145,  except upon good cause being shown.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1151 - Limitation on time for filing report of special master

12-1151.
Limitation on time for filing report of special master
The report of the special master shall be filed with the clerk of the court in which the action is pending within thirty days after the date of the master taking the oath,  unless further time is granted by the court. The court shall grant additional time for filing the report only on a showing that the report cannot,  with due diligence,  be prepared within the time fixed.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1152 - Notice of filing report and of hearing objections to report; waiver of right to object

12-1152.
Notice of filing report and of hearing objections to report;  waiver of right to object
Upon filing the report by the special master,  the court,  without delay,  shall fix a date for hearing objections filed thereto. Notice that the report has been filed,  that all objections thereto shall be filed with the court within ten days after the date of mailing the notice,  and that the court has fixed a certain date,  which shall be stated therein,  for the hearing of such objections,  shall be given by sending a copy of the notice by registered mail to all persons who have appeared in the action,  or their attorneys of record,  at their last known addresses. After ten days subsequent to mailing the notice,  all objections to the report shall be deemed waived by all persons who have not filed written objections with the court.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1153 - Final judgment; hearing objections to findings or report; proceedings upon rejection of report; vesting of property

12-1153.
Final judgment;  hearing objections to findings or report;  proceedings upon rejection of report;  vesting of property
A. If no objections are filed to the special master's report,  the court,  but only on motion of plaintiff unless title to the property has vested in plaintiff,  shall enter a final judgment fixing the compensation to be paid for the property and the persons entitled thereto. If objections are filed to the special master's report,  the court on the date specified in the notice provided for by section 12-1152,  shall hear and determine such questions of law and fact as are raised by the exceptions,  and may approve,  disapprove or modify the special master's findings or may reject the special master's report in its entirety.
B. If the special master's report is rejected in its entirety,  the court shall at once appoint another special master in the same manner the first special master was appointed,  and he shall have the same powers and duties as the special master first appointed,  except that notice of the time for filing claims and the hearing thereon may be given by registered mail to all persons who have appeared in the proceedings,  or their attorneys of record,  at their last known addresses,  and no other notice shall be necessary.
C. If the court approves the special master's report with or without modifications,  the court,  but only on motion of plaintiff unless title to the property has previously vested in plaintiff,  shall enter a final judgment fixing the compensation to be paid for the property and the persons entitled thereto.
D. If title to the property has not previously been vested in plaintiff,  the title and right to possession of the property shall vest in plaintiff immediately upon entry of the final judgment and upon deposit in court by plaintiff of the amount of the judgment fixed by the court as the compensation for such property. Upon entry of the judgment and vesting of title,  the court shall designate the day,  not exceeding thirty days thereafter except upon good cause shown,  on which the parties in possession of the property shall be required to surrender possession to plaintiff.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1154 - Filing certified copy of judgment

12-1154.
Filing certified copy of judgment
A. Upon rendition of final judgment vesting title in plaintiff,  the clerk of the court shall make and certify,  under the seal of the court a copy or copies of the judgment,  which shall be recorded in the office of the county recorder,  and the recording shall constitute notice to all persons of the contents thereof.
B. A copy of the judgment certified by the clerk of the court shall be admissible in evidence in any judicial proceedings.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1155 - Application by plaintiff to take possession; notice of hearing; money deposit; bond in lieu of deposit; judgment for deficiency

12-1155.
Application by plaintiff to take possession;  notice of hearing;  money deposit;  bond in lieu of deposit;  judgment for deficiency
A. The plaintiff may at any time after determination of the issues as provided in section 12-1146,  if the court at such time found that the use for which the property is sought to be condemned is a necessary use,  make application to the court for an order permitting plaintiff to take possession of and use the property sought to be condemned for the purposes prayed for.
B. Upon filing the application a time for the hearing thereof shall be fixed and notice thereof served upon the parties in interest by personal service within the state,  or by publication if they reside without the state,  in such manner as the court may direct.
C. On the day of the hearing,  the court shall receive evidence as to the probable damages to each owner,  possessor or person having an interest in each parcel of real property sought to be condemned,  and may direct that upon a deposit of money equal to the amount of such probable damage so found to each person in interest,  plaintiff shall be let into the possession and full use of the parcels of real property as described in the order for the purposes therein specified.
D. Monies so paid shall be deposited with the clerk of the court,  and held by him to the use and benefit of each person having an interest in each parcel of real property sought to be condemned,  subject to final judgment upon trial of the action,  and held also as a fund to pay any further damages and costs recovered in the action as well as all damages sustained by defendant if for any cause the property is not finally taken for public use. The clerk of the court shall be liable to plaintiff for the deposit.
E. The parties may stipulate as to the amount of deposit,  or for a bond from plaintiff in lieu of the deposit. The stipulation or evidence of the deposit shall not be introduced in evidence or used to the prejudice of any party in interest on the trial of the action.
F. The ultimate amount of compensation shall be fixed in the manner specified in this article. If the amount fixed exceeds the amount deposited by plaintiff,  the court shall enter judgment against plaintiff in the amount of the deficiency,  together with interest at the rate of six per cent per annum on the deficiency,  from the date of the order of the court permitting plaintiff to take possession as provided by this section,  but subject to abatement for use,  income,  rents or profits derived from the property by the owner thereof subsequent to the date of the order. The court shall order plaintiff to deposit the amount of the deficiency in court for the use and benefit of the person entitled thereto.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1156 - Right to dismiss

12-1156.
Right to dismiss
At any time prior to vesting title to the property in the plaintiff,  the plaintiff may withdraw or dismiss the plaintiff's complaint with respect to any or all the property described in the complaint,  except that if the plaintiff causes the complaint to be dismissed without prejudice before payment of the compensation and damages awarded the defendant by the court or jury,  the plaintiff shall not initiate any eminent domain proceeding with respect to the same property for the same or a related project for at least two years after the date of the verdict or judgment.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1157 - Effect of vesting of title

12-1157.
Effect of vesting of title
Upon vesting of title to any property in plaintiff,  all the right,  title and interest of all persons having an interest therein or lien thereupon shall be divested immediately,  and such persons thereafter shall be entitled only to receive compensation for the property.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1158 - Effect of payment into court; security; disbursement

12-1158.
Effect of payment into court;  security;  disbursement
A. The payment into court by plaintiff of the amount of the judgment,  or the deposit in court of the amount fixed and determined as provided in section 12-1155,  shall be deemed a payment or deposit of money for the use of the persons entitled thereto. The payment or deposit shall constitute a payment to the persons entitled thereto to the extent of the monies so paid or deposited in the court.
B. Any such payment shall be as valid and effectual in all respects as if made by plaintiff directly to the person entitled thereto,  or in the case of a person under legal disability,  as if made to his guardian,  whether or not:
1. Such person or his whereabouts is known or unknown.
2. Such person is under a legal disability.
3. There are adverse or conflicting claims to such awards.
C. The money paid into court shall be secured in the manner directed by the court,  and shall be paid to the persons found entitled thereto as provided by the final judgment of the court.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1159 - Action to recover award paid to wrong person

12-1159.
Action to recover award paid to wrong person
If an award is paid to a person not entitled thereto,  the sole recourse of the person entitled to the award is against the person to whom it has been paid. In such event the person entitled to the award may bring an action to recover the award,  with interest and costs,  as money had and received to his use by the person to whom the award was paid.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1160 - Appeal; stay of proceedings; bond

12-1160.
Appeal;  stay of proceedings;  bond
A. Any time within thirty days from filing an interlocutory or final order or judgment by the court,  any person or persons of record in the action who have filed exceptions at any stage of the action within the time and in the manner specified,  may appeal therefrom,  but only with respect to those questions or issues which were raised by the exceptions.
B. The taking of an appeal shall not operate to stay the action,  except when the person or persons appealing have obtained a stay of execution of the judgment or order appealed from. In such event the proceedings shall be stayed only with respect to the person or persons appealing and as to their respective interests in the action. Upon taking an appeal,  the action shall be deemed severed as to the person or persons appealing and their respective interests in the action.
C. An interlocutory or final order or judgment shall be final and conclusive upon all persons affected thereby who have not appealed within the time prescribed by this section.
D. Any plaintiff,  other than a corporation authorized to transact business in this state,  may appeal without giving bond,  but any other person or persons appealing shall give bond with good and sufficient surety to be approved by the court,  conditioned that the party appealing will pay all costs taxed against such party on the appeal.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1161 - Costs

12-1161.
Costs
If plaintiff,  prior to making the award,  has tendered to an interested person for his real property,  or deposited in court for the property,  an amount which the interested person refused to accept or agree to as just compensation,  all costs shall be assessed against such person if the amount tendered or deposited is equal to or in excess of the award fixed or confirmed by the court with respect to such parcel of real property.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1162 - Supplemental nature of article; procedure

12-1162.
Supplemental nature of article;  procedure
A. The powers conferred by this article shall be additional and supplemental to and not in substitution for the power conferred by any other law. No other law pertaining to eminent domain is repealed by this article in whole or in part. Eminent domain may be exercised under this article even though another law may provide for the exercise thereof for like purposes,  and shall be operative without regard to the requirements,  restrictions or procedural provisions of any other law.
B. Procedure not prescribed in this article shall be the procedure otherwise prescribed by law of the state.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1171 - Acts which constitute forcible entry or detainer

12-1171.
Acts which constitute forcible entry or detainer
A person is guilty of forcible entry and detainer,  or of forcible detainer,  as the case may be,  if he:
1. Makes an entry into any lands,  tenements or other real property,  except in cases where entry is given by law.
2. Makes such an entry by force.
3. Wilfully and without force holds over any lands,  tenements or other real property after termination of the time for which such lands,  tenements or other real property were let to him or to the person under whom he claims,  after demand made in writing for the possession thereof by the person entitled to such possession.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1172 - Definition of forcible entry

12-1172.
Definition of forcible entry
A " forcible entry, "  or an entry where entry is not given by law within the meaning of this article,  is:
1. An entry without the consent of the person having the actual possession.
2. As to a landlord,  an entry upon the possession of his tenant at will or by sufferance,  whether with or without the tenant's consent.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1173 - Definition of forcible detainer; substitution of parties

12-1173.
Definition of forcible detainer;  substitution of parties
There is a forcible detainer if:
1. A tenant at will or by sufferance or a tenant from month to month or a lesser period whose tenancy has been terminated retains possession after his tenancy has been terminated or after he receives written demand of possession by the landlord.
2. The tenant of a person who has made a forcible entry refuses for five days after written demand to give possession to the person upon whose possession the forcible entry was made.
3. A person who has made a forcible entry upon the possession of one who acquired such possession by forcible entry refuses for five days after written demand to give possession to the person upon whose possession the first forcible entry was made.
4. A person who has made a forcible entry upon the possession of a tenant for a term refuses to deliver possession to the landlord for five days after written demand,  after the term expires. If the term expires while a writ of forcible entry applied for by the tenant is pending,  the landlord may,  at his own cost and for his own benefit,  prosecute it in the name of the tenant.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1173.01 - Additional definition of forcible detainer

12-1173.01.
Additional definition of forcible detainer
A. In addition to other persons enumerated in this article,  a person in any of the following cases who retains possession of any land,  tenements or other real property after he receives written demand of possession may be removed through an action for forcible detainer filed with the clerk of the superior court in accordance with this article:
1. If the property has been sold through the foreclosure of a mortgage,  deed of trust or contract for conveyance of real property pursuant to title 33,  chapter 6,  article 2.
2. If the property has been sold through a trustee's sale under a deed of trust pursuant to title 33,  chapter 6.1.
3. If the property has been forfeited through a contract for conveyance of real property pursuant to title 33,  chapter 6,  article 3.
4. If the property has been sold by virtue of an execution and the title has been duly transferred.
5. If the property has been sold by the owner and the title has been duly transferred.
B. The remedies provided by this section do not affect the rights of persons in possession under a lease or other possessory right which is superior to the interest sold,  forfeited or executed upon.
C. The remedies provided by this section are in addition to and do not preclude any other remedy granted by law.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1175 - Complaint and answer; service and return; notice and pleading requirements

12-1175.
Complaint and answer;  service and return;  notice and pleading requirements
A. When a party aggrieved files a complaint of forcible entry or forcible detainer,  in writing and under oath,  with the clerk of the superior court or a justice of the peace,  summons shall issue no later than the next judicial day.
B. The complaint shall contain a description of the premises of which possession is claimed in sufficient detail to identify them and shall also state the facts that entitle the plaintiff to possession and authorize the action.
C. The summons shall be served at least two days before the return day,  and return made thereof on the day assigned for trial.
D. Notwithstanding any other law,  an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1176 - Demand for jury; trial procedure

12-1176.
Demand for jury;  trial procedure
A. If a jury trial is requested by the plaintiff,  the court shall grant the request. If the proceeding is in the superior court,  the jury shall consist of eight persons,  and if the proceeding is in the justice court,  the jury shall consist of six persons. The trial date shall be no more than five judicial days after the aggrieved party files the complaint.
B. If the plaintiff does not request a jury,  the defendant may do so on appearing and the request shall be granted.
C. The action shall be docketed and tried as other civil actions.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1177 - Trial and issue; postponement of trial

12-1177.
Trial and issue;  postponement of trial
A. On the trial of an action of forcible entry or forcible detainer,  the only issue shall be the right of actual possession and the merits of title shall not be inquired into.
B. If a jury is demanded,  it shall return a verdict of guilty or not guilty of the charge as stated in the complaint. If a jury is not demanded the action shall be tried by the court.
C. For good cause shown,  supported by affidavit,  the trial may be postponed for a time not to exceed three calendar days in a justice court or ten calendar days in the superior court.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1178 - Judgment; writ of restitution; limitation on issuance; criminal violation; notice

12-1178.
Judgment;  writ of restitution;  limitation on issuance;  criminal violation;  notice
A. If the defendant is found guilty of forcible entry and detainer or forcible detainer,  the court shall give judgment for the plaintiff for restitution of the premises,  for all charges stated in the rental agreement and for damages,  attorney fees,  court and other costs and,  at the plaintiff's option,  all rent found to be due and unpaid through the periodic rental period,  as described in section 33-1314,  subsection C,  as provided for in the rental agreement,  and shall grant a writ of restitution. The person designated by the judge to prepare the judgment shall ensure that the defendant's social security number is not contained on the judgment.
B. If the defendant is found not guilty of forcible entry and detainer or forcible detainer,  judgment shall be given for the defendant against the plaintiff for damages,  attorney fees and court and other costs,  and if it appears that the plaintiff has acquired possession of the premises since commencement of the action,  a writ of restitution shall issue in favor of the defendant.
C. No writ of restitution shall issue until the expiration of five calendar days after the rendition of judgment. The writ of restitution shall be enforced as promptly and expeditiously as possible. The issuance or enforcement of a writ of restitution shall not be suspended,  delayed or otherwise affected by the filing of a motion to set aside or vacate the judgment or similar motion unless a judge finds good cause.
D. A defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit,  as defined in section 33-1310,  or remains on or returns to the mobile home space,  as defined in section 33-1409,  or the recreational vehicle space,  as defined in section 33-2102,  without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree pursuant to section 13-1502.
E. If the defendant is found guilty of forcible entry and detainer or forcible detainer,  the court shall give the defendant notice that a defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit or remains on or returns to the mobile home space or the recreational vehicle space without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree pursuant to section 13-1502.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1180 - Stay of proceedings on judgment; record on appeal

12-1180.
Stay of proceedings on judgment;  record on appeal
When the appeal bond is filed and approved,  the justice of the peace shall stay further proceedings on the judgment and immediately prepare a list of all entries on the justice's docket in the action and transmit it,  together with all the original papers,  to the clerk of the superior court of the county in which the trial was had.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1181 - Trial and judgment on appeal; writ of restitution

12-1181.
Trial and judgment on appeal;  writ of restitution
A. On trial of the action in the superior court,  appellee,  if out of possession and the right of possession is adjudged to him,  shall be entitled to damages for withholding possession of the premises during pendency of the appeal and the court shall also render judgment in favor of appellee and against appellant and the sureties on his bond for damages proved and costs.
B. The writ of restitution or execution shall be issued by the clerk of the superior court and shall be executed by the sheriff or constable as in other actions.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1182 - Appeal to supreme court; stay and bond

12-1182.
Appeal to supreme court;  stay and bond
A. In a forcible entry or forcible detainer action originally commenced in the superior court,  an appeal may be taken to the supreme court as in other civil actions.
B. The appeal,  if taken by the party in possession of the premises,  shall not stay execution of the judgment unless the superior court so orders,  and appellant shall file a bond in an amount fixed and approved by the court,  conditioned that appellant will prosecute the appeal to effect and will pay the rental value of the premises pending the appeal and all damages,  costs,  and rent adjudged against him by the superior court or the supreme court.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1201 - Private way of necessity defined

12-1201.
Private way of necessity defined
" Private way of necessity"  as used in this article means right of way on,  over,  across,  or through the land of another for means of ingress and egress,  and the construction and maintenance thereon of roads,  overhead transmission lines,  pole lines,  power lines,  canals,  ditches,  flumes,  shafts,  tunnels,  pipe lines,  drains,  including,  but not limited to,  embankments,  diversion dams,  dikes,  ditches,  canals,  flumes and levees for the purpose of removing water from land or preventing accumulation of water on land,  and tramways,  including,  but not limited to,  aerial tramways and industrial railroads,  for mining,  milling,  lumbering,  agricultural,  domestic or sanitary purposes.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1202 - Right to private way of necessity; limitation

12-1202.
Right to private way of necessity;  limitation
A. An owner of or a person entitled to the beneficial use of land,  mines or mining claims and structures thereon,  which is so situated with respect to the land of another that it is necessary for its proper use and enjoyment to have and maintain a private way of necessity over,  across,  through,  and on the premises,  may condemn and take lands of another,  sufficient in area for the construction and maintenance of the private way of necessity.
B. If the condemnation is upon,  over,  or affects the range lands of another,  the area condemned shall be strictly defined,  and livestock driven upon or over the private way shall be accompanied by and under the control of sufficient drivers or herders to confine the livestock to the condemned area,  and the livestock shall be so confined to that area and kept moving directly across the property condemned until they have been completely removed from the condemned area.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1211 - Compelling partition; complaint

12-1211.
Compelling partition;  complaint
A. The owner or claimant of real property or any interest therein may compel a partition of the property between him and other owners or claimants by filing a complaint in the superior court of the county in which the property,  or a portion thereof,  is situated.
B. The complaint shall state:
1. The names and residences,  if known,  of each of the owners or claimants.
2. The share or interest which plaintiff and the owners or claimants own or claim,  so far as known to plaintiff.
3. A description of the real property to identify it and its estimated value.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1212 - Unknown owner; notice and service by publication; protection of rights in decree

12-1212.
Unknown owner;  notice and service by publication;  protection of rights in decree
A. If plaintiff makes affidavit that an undivided portion of the land described in the complaint is owned by some person unknown to affiant,  a summons shall be issued to the unknown owner. The summons shall contain a brief statement of the nature of the action and a description of the interest of the unknown owner,  and shall command him to appear and answer as in ordinary cases.
B. The summons shall be served by publication in some newspaper in the county where the summons issues,  if a newspaper is published in the county. If no newspaper is published in the county,  publication shall be made in the nearest county in which a newspaper is published,  for four successive weeks.
C. If no appearance is entered within the time set forth in the summons,  the court shall proceed as in other cases where service is made by publication.
D. The court shall in its decree protect the rights of the unknown owner.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1214 - Abstract of title; inspection; cost

12-1214.
Abstract of title;  inspection;  cost
A. If it is necessary to have an abstract of title of the property to be partitioned,  plaintiff may procure one before commencing the action and may in his complaint state that he has done so and that the abstract is subject to inspection and use of all parties to the action,  and designate a place where it will be kept for inspection. Otherwise the court may,  upon application of any one of the parties,  authorize such party to procure an abstract which when made shall be kept at some place designated by the court for inspection and use of all parties,  any of whom may make a copy thereof.
B. The expense reasonably incurred in procuring an abstract shall be allowed to the party incurring it,  with interest.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1215 - Entry and contents of judgment; appointment of commissioners; surveyor

12-1215.
Entry and contents of judgment;  appointment of commissioners;  surveyor
A. The court shall enter a judgment directing that partition of the real property be made in accordance with the shares or interests of the parties entitled thereto and specifying the share or interest of each party.
B. The court shall appoint three or more disinterested persons commissioners to make the partition in accordance with the judgment. The clerk of the court shall forthwith notify the commissioners of their appointment,  and shall deliver to one of them a certified copy of the judgment of partition.
C. The court may also appoint a surveyor to assist the commissioners in making the partition.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1216 - Duties of commissioners

12-1216.
Duties of commissioners
The commissioners or a majority of them shall partition the property in accordance with the judgment. They may cause the property to be surveyed into several tracts. They shall divide the property into as many shares as there are persons entitled thereto,  each share to contain one or more tracts as the commissioners deem proper,  having due regard in the division to the situation,  quantity and advantages of each share so that the shares are equal in value as nearly as possible,  in proportion to the interests of the parties. The commissioners shall then proceed by lot and set apart to each of the parties entitled one of the shares as determined by the judgment of the court.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1217 - Report of commissioners

12-1217.
Report of commissioners
A. When the partition is completed,  the commissioners shall report in writing and under oath to the court. The report shall set forth:
1. A description of the real property divided.
2. The several tracts or parcels into which the real property was divided by them,  describing particularly each of such tracts or parcels.
3. The number of shares,  the land which constitutes each share,  and the estimated value of each share.
4. The allotment of each share.
B. The report shall be accompanied by such field notes and maps as are necessary to make it intelligible.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1218 - Report of commissioners when property incapable of fair division; sale; distribution of proceeds

12-1218.
Report of commissioners when property incapable of fair division;  sale;  distribution of proceeds
A. If the commissioners are of the opinion that fair and equitable division of the property or any part thereof cannot be made,  they shall report such opinion to the court,  stating their reasons therefor,  and if the court approves such report,  it shall order a sale of the property which is incapable of partition.
B. If on the trial of the action,  it appears to the court that fair partition of the property cannot be made without depreciating the value thereof,  or that for any reason a sale is more beneficial to the parties or any of them,  it shall in the first instance,  enter a judgment directing that the real property be sold.
C. The court shall appoint a commissioner to make the sale provided by subsection B and return the proceeds into court to be divided between the persons entitled thereto according to their respective interests. Such commissioner shall sell the real property in the time and manner,  and after notice,  as directed by the court.
D. The purchaser shall,  on production of his deed,  be entitled to a writ of assistance to be issued by the clerk,  commanding the sheriff or a constable of the county to put him in possession.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1219 - Objection to commissioner's report; hearing

12-1219.
Objection to commissioner's report;  hearing
Any party may file objections to any report of the commissioners in partition,  and a hearing of the objections shall be had as in other cases. If the report is found erroneous in a material respect,  or unequal and unjust,  it shall be rejected and other commissioners shall be appointed by the court and the same proceedings had as in the first instance.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1220 - Partition involving future estates; title of property after partition

12-1220.
Partition involving future estates;  title of property after partition
A. When a partition is made between an owner who holds an estate for a term of years or for life with others who hold equal or greater estates,  the partition shall not be prejudicial to those entitled to the reversion or remainder of such estates.
B. Each party to whom a share is allotted shall hold the share in severalty under the same conditions and covenants that it was held before partition was made,  and no warranty,  lease or right whatsoever shall be impaired or affected by the partition.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1221 - Effect of judgment confirming report of commissioners

12-1221.
Effect of judgment confirming report of commissioners
The judgment of the court which confirms the report of partition shall vest in each party to whom a share is allotted the title to such share as against the other parties to the partition,  their heirs,  executors,  administrators or assigns,  as fully and effectually as the deed of the parties could vest the property and shall have the same force and effect as a warranty deed of conveyance from such other parties and each of them.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1222 - Partition of personal property; parties

12-1222.
Partition of personal property;  parties
Part owners of personal property may be compelled to make partition between them by an action for partition commenced in the court having jurisdiction of the value of such property in the same manner as other civil actions are commenced. The several owners or claimants of such property shall be summoned as in other actions of partition. The separate value of each article of the personal property shall be ascertained and an allotment in kind made to each owner as he is entitled.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1223 - Writ of possession or sale of personal property

12-1223.
Writ of possession or sale of personal property
A. When a partition in kind of personal property is ordered,  a writ shall be issued in accordance with the judgment,  commanding the sheriff or a constable of the county where the property is located to put the parties forthwith in possession of the property allotted.
B. When the property will not admit of an equitable partition,  the court shall ascertain the proportion to which each owner is entitled and shall order that the property be sold. An execution shall be issued to the sheriff or constable of the county where the property is located,  describing the property and commanding the officer to sell it as in cases of execution and pay over the proceeds of sale to the parties entitled thereto in the proportion ascertained by judgment of the court.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1224 - Proceedings not exclusive; rules of procedure

12-1224.
Proceedings not exclusive;  rules of procedure
A. The provisions of this article shall not preclude partition in any other manner authorized by law.
B. The rules of pleading and procedure which govern other civil actions shall govern actions for partition when not in conflict with the proceedings provided by this article.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1225 - Compensation of commissioners and surveyor

12-1225.
Compensation of commissioners and surveyor
A. The commissioners in partition and the surveyor shall be paid such sum per day for each day they are engaged in making and returning the partition as the court deems reasonable,  considering the services rendered,  and the compensation allowed shall be taxed and collected as costs of the action.
B. The court shall adjudge the costs to be paid by each party to whom a share has been allotted in proportion to the value of such share.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1242 - Application for appointment of receiver; verification; service; notice of hearing; restraining order pending hearing

12-1242.
Application for appointment of receiver;  verification;  service;  notice of hearing;  restraining order pending hearing
An application for the appointment of a receiver shall be in writing,  supported by affidavit and served upon the adverse party,  together with reasonable notice of the time of hearing. The adverse party may file counteraffidavits,  and the counteraffidavits,  with such testimony as the court admits,  shall be considered on hearing the application. The court may restrain the adverse party from removing,  secreting or otherwise disposing of the property to the injury of the applicant,  pending hearing the application for appointment of a receiver.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1251 - Right of recovery; procedure

12-1251.
Right of recovery;  procedure
A. A person having a valid subsisting interest in real property and a right to immediate possession thereof may recover the property by action against any person acting as owner,  landlord or tenant of the property claimed.
B. The action shall be commenced and prosecuted as other civil actions.
C. The heirs or devisees may themselves,  or jointly with the personal representative,  maintain an action for possession of the real property,  or to quiet title thereto against any person except the personal representative.
D. An action involving title or right to possession of real property belonging to the estate of decedent may be brought by or against the personal representative without joining the heirs.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1252 - Title of plaintiff; joint owners; proof

12-1252.
Title of plaintiff;  joint owners;  proof
A. The plaintiff must recover on the strength of his own title.
B. In an action by a tenant in common or joint tenant against his cotenant,  plaintiff shall show,  in addition to his evidence of right,  that the defendant either denied plaintiff's right or did some act amounting to such denial.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1253 - Defendant as tenant; substitution of landlord; notice of action

12-1253.
Defendant as tenant;  substitution of landlord;  notice of action
A. If upon answer of defendant it appears that defendant claims only as a tenant,  the answer shall also state the name and residence of the landlord. In such case,  the landlord may be substituted by service of summons upon him and the judgment shall also be conclusive against the tenant.
B. A person acquiring title to land or an interest therein after commencement of the action shall take subject to notice of and without prejudice to the rights of the parties providing notice of lis pendens is filed in the manner and at the time provided for in section 12-1191.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1254 - Survey; order; service of order

12-1254.
Survey;  order;  service of order
The court on motion and after notice to the opposite party may grant an order allowing the party applying therefor to enter upon the land in controversy and make a survey for purposes of the action. The order shall describe the property,  and a copy of the order shall be served upon the owner or person in occupancy.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1255 - Verdict

12-1255.
Verdict
A. The verdict may specify the extent and quantity of plaintiff's estate and the premises to which he is entitled by metes and bounds or other sufficient description.
B. A general verdict in favor of plaintiff without specifications entitles plaintiff to the quantity of interest or estate in the premises as set forth and described in the complaint.