reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-994 - Violation; classification

12-994.
Violation;  classification
A. A person who intentionally or knowingly violates or disobeys a temporary restraining order,  a preliminary injunction,  a permanent injunction or any other order issued by the court pursuant to section 12-992 is guilty of a class 5 felony.
B. A person who intentionally or knowingly violates or disobeys a temporary restraining order,  a preliminary injunction,  a permanent injunction or any other order issued pursuant to section 12-998 or 12-999 is guilty of a class 6 felony.
C. This section does not prevent the court from issuing any other order to enforce a temporary restraining order,  a preliminary injunction,  a permanent injunction or any other order issued pursuant to this article.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-995 - Recording notice of action; subsequent acquisition of property

12-995.
Recording notice of action;  subsequent acquisition of property
A. The plaintiff in an action brought pursuant to section 12-991 shall file a notice of the abatement action in the office of the recorder of the county in which the property that is the subject of the action is located. The notice shall state the following:
1. The name of the parties.
2. A legal description of the property.
3. The superior court case number of the action.
B. The recorder shall file,  record and index the notice under the names of the parties to the action.
C. After the notice of abatement is recorded,  both of the following apply:
1. A person who acquires the property that is the subject of the action is deemed to have notice of the action.
2. Any sale or other transfer of the property that is the subject of the action does not terminate the action. The action continues against subsequent owners,  and the owners are bound by the terms and conditions of any order issued by the court in the abatement action.
D. The sale or other transfer to a third party of the property that is the subject of the action does not render moot an action or proceeding that is brought pursuant to this article.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-998 - Nuisance; commercial buildings used for crime; action to abate and prevent

12-998.
Nuisance;  commercial buildings used for crime;  action to abate and prevent
A. The use of a commercial building or place regularly used in the commission of a crime is a nuisance and the criminal activity causing the nuisance shall be enjoined,  abated and prevented and damages may be recovered.
B. If there is reason to believe that a nuisance as described in subsection A exists,  the attorney general,  the county attorney,  the city attorney or a resident of a county or city who is affected by the nuisance may bring an action in superior court to abate and prevent the criminal activity,  except that:
1. The court shall not assess a civil penalty against any person unless that person knew of the unlawful acts.
2. The court shall not enter an order of closure.
3. The injunction shall be necessary to protect the health and safety of the public or to prevent further criminal activity.
4. The order shall not affect the owner's interest in the building or place used for the criminal activity.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-999 - Commercial property nuisances; temporary restraining order; notice; hearing

12-999.
Commercial property nuisances;  temporary restraining order;  notice;  hearing
A. If the existence of a nuisance on commercial property as described in section 12-998 is shown in the action to the satisfaction of the court either by verified complaint or affidavit,  the court shall enter a temporary restraining order to abate and prevent continuance or recurrence of the criminal activity. The complaint shall be verified unless it is filed by the attorney general or a county or city attorney.
B. Notice of the entry of a temporary restraining order,  copies of the temporary restraining order and the complaint and notice of an opportunity for a hearing shall be served on the defendant named in the action. Service shall be made pursuant to the Arizona rules of civil procedure.
C. A person who is directed to abate criminal activity pursuant to a temporary restraining order issued pursuant to subsection A of this section may request a hearing within ten days after receiving the notice. A verified answer to the complaint shall be filed with the request for a hearing. If a hearing is requested,  notice of the request shall be served on the plaintiff. The temporary restraining order remains in effect until the hearing is completed.
D. If at the hearing the court determines that reasonable grounds exist to believe that a nuisance,  as described in section 12-998,  subsection A,  exists,  the court shall issue a permanent injunction abating the criminal activity and may issue any other order that is reasonably necessary to abate the criminal activity,  including damages. If the court determines that reasonable grounds do not exist to believe that a nuisance exists,  the court shall dismiss the action and terminate the temporary restraining order.
E. A hearing on an action under this section shall be set within thirty days after the request is filed or after a verified answer to the complaint is filed if a temporary restraining order has not been issued. Before the hearing,  the court may order any discovery that the court considers to be reasonably necessary and appropriate.
F. If a hearing is not requested,  the court shall issue a permanent injunction abating the criminal activity.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1011 - Liability for animal rescue costs

12-1011.
Liability for animal rescue costs
An owner is liable to this state or a political subdivision of this state for the expenses incurred by this state or a political subdivision of this state in rescuing animals that belong to the owner if the animals have been cruelly treated or neglected and the owner has been convicted of a violation of section 13-2910.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1101 - Parties; claim; service on attorney general

12-1101.
Parties;  claim;  service on attorney general
A. An action to determine and quiet title to real property may be brought by any one having or claiming an interest therein,  whether in or out of possession,  against any person or the state when such person or the state claims an estate or interest in the real property which is adverse to the party bringing the action.
B. When the state is made defendant a copy of the summons and complaint shall be served upon the attorney general.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1102 - Complaint

12-1102.
Complaint
The complaint shall:
1. Be under oath.
2. Set forth generally the nature and extent of plaintiff's estate.
3. Describe the premises.
4. State that plaintiff is credibly informed and believes defendant makes some claim adverse to plaintiff. When the state is made defendant,  the complaint shall set forth with particularity or on information or belief the claim of the state adverse to plaintiff.
5. Pray for establishment of plaintiff's estate and that defendant be barred and forever estopped from having or claiming any right or title to the premises adverse to plaintiff.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1103 - Disclaimer of interest and recovery of costs; request for quit claim deed; disclaimer of interest by state

12-1103.
Disclaimer of interest and recovery of costs;  request for quit claim deed;  disclaimer of interest by state
A. If defendant,  other than the state,  appears and disclaims all right and title adverse to plaintiff,  he shall recover his costs.
B. If a party,  twenty days prior to bringing the action to quiet title to real property,  requests the person,  other than the state,  holding an apparent adverse interest or right therein to execute a quit claim deed thereto,  and also tenders to him five dollars for execution and delivery of the deed,  and if such person refuses or neglects to comply,  the filing of a disclaimer of interest or right shall not avoid the costs and the court may allow plaintiff,  in addition to the ordinary costs,  an attorney's fee to be fixed by the court.
C. If,  after appropriate investigation,  it appears to the attorney general that the state claims no right or title to the property adverse to plaintiff,  he may file a disclaimer of right and title.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1104 - Allegation of lien or interest claimed by adverse party; jurisdiction of court to enter decree

12-1104.
Allegation of lien or interest claimed by adverse party;  jurisdiction of court to enter decree
A. In an action to quiet title to real property,  if the complaint sets forth that any person or the state has or claims an interest in or a lien upon the property,  and that the interest or lien or the remedy for enforcement thereof is barred by limitation,  or that plaintiff would have a defense by reason of limitation to an action to enforce the interest or lien against the real property,  the court shall hear evidence thereon.
B. If it is proved that the interest or lien or the remedy for enforcement thereof is barred by limitation,  or that plaintiff would have a defense by reason of limitation to an action to enforce the interest or lien against the real property,  the court shall have jurisdiction to enter judgment and plaintiff shall be entitled to judgment barring and forever estopping assertion of the interest or lien in or to or upon the real property adverse to plaintiff.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1111 - Purposes for which eminent domain may be exercised

12-1111.
Purposes for which eminent domain may be exercised
Subject to the provisions of this title,  the right of eminent domain may be exercised by the state,  a county,  city,  town,  village,  or political subdivision,  or by a person,  for the following uses:
1. All public uses authorized by the government of the United States.
2. Buildings and grounds for any public use of the state and all other public uses authorized by the legislature.
3. Buildings and grounds for the use of a county,  city,  town or school district.
4. Canals,  aqueducts,  flumes,  ditches or pipes,  for conducting water for the use of the inhabitants or for drainage of a county,  city,  town or village.
5. Raising the banks of streams,  removing obstructions therefrom,  or widening,  deepening or straightening their channels.
6. Roads,  streets and alleys,  and all other public uses for the benefit of a county,  city,  town or village,  or the inhabitants thereof,  which is authorized by the legislature. The method of apportioning and collecting the costs of the improvements authorized by paragraphs 3,  4,  5 and 6 shall be as provided in the law by which they are authorized.
7. Wharves,  docks,  piers,  chutes,  booms,  ferries,  bridges,  toll roads,  byroads,  plank and turnpike roads and highways.
8. Steam,  horse,  mule,  electric and cable railroads or railways.
9. Telegraph and telephone lines and conduits for public communication.
10. Electric light and power transmission lines,  pipe lines used for supplying gas,  and all transportation,  transmission and intercommunication facilities of public service agencies.
11. Aviation fields.
12. Reservoirs,  canals,  ditches,  flumes,  aqueducts and pipes,  for the use of a county,  city,  town or village,  or its inhabitants,  or for public transportation for supplying mines and other industrial enterprises,  farms and farm neighborhoods with water for irrigation,  domestic and other needful purposes,  and for generating electricity.
13. Draining and reclaiming lands,  and for floating logs and lumber on nonnavigable streams.
14. Roads,  tunnels,  ditches,  flumes,  pipes and dumping places for working mines,  and outlets,  natural or otherwise,  for the flow,  deposit or conduct of tailings or refuse matter from mines,  and an occupancy in common by the owners or possessors of different mines,  or any place for the flow,  deposit or conduct of tailings or refuse matter from their several mines.
15. Byroads leading from highways to residences and farms.
16. Private canals,  ditches,  flumes,  aqueducts and pipes for conducting water from natural water courses or bodies or from public sources where the lands to be irrigated are not directly reached by such natural water course or public sources.
17. Pipe lines to carry petroleum,  petroleum products or any other liquid.
18. Rights of way,  station grounds,  pits,  yards,  sidetracks and other necessary facilities for railways.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1112 - Prerequisites to taking property by condemnation

12-1112.
Prerequisites to taking property by condemnation
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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1113 - Estates in land subject to condemnation

12-1113.
Estates in land subject to condemnation
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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1114 - Private property subject to condemnation

12-1114.
Private property subject to condemnation
Private property which may be taken includes:
1. All real property belonging to any person,  including any and all water and water rights for the irrigation of any land condemned,  belonging to or used in connection with the land for the irrigation thereof,  with right of way for the water or water rights condemned through irrigating canals and ditches leading to the land condemned.
2. Lands belonging to the state,  or to any county,  city,  town or village,  not appropriated to some public use.
3. Property appropriated to public use.
4. Franchises for toll roads,  toll bridges,  and ferries,  and all other franchises,  but such franchises shall not be taken unless for free highways,  railroads or other more necessary public uses.
5. All rights of way through canyons,  passes or defiles,  and all rights of way for any and all purposes mentioned in paragraph 2 of section 12-1111,  and any and all structures and improvements thereon,  and the lands held or used in connection therewith,  intersected by any other right of way or improvements or structures thereon,  which shall also be subject to a limited use in common with the owner thereof when necessary,  but such uses,  crossings,  intersections and connections shall be made in the manner most compatible with the greatest public benefit and least private injury.
6. All classes of private property not enumerated,  including property for use in water or water rights,  taken for public use when the taking is authorized by law.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1114.01 - Property of the United States subject to condemnation; duty of attorney general to file action; exclusions

12-1114.01.
Property of the United States subject to condemnation;  duty of attorney general to file action;  exclusions
A. Property that may be taken under this article includes property possessed by the United States government unless:
1. The property was acquired by the federal government with the consent of the legislature pursuant to article I,  section 8,  clause 17,  Constitution of the United States.
2. The property consists of Indian lands owned or held by a federally recognized Indian tribe,  nation,  band or community as reservation lands,  allotment lands or sovereign or proprietary lands or in any other capacity.
B. This state shall be the plaintiff described in this article in an action to condemn property described in subsection A. This state is not responsible for legal actions filed by other persons or entities.
C. The attorney general shall file eminent domain actions with the consent of the United States government on property described in subsection A:
1. That facilitate this state's ability to manage,  or provide access to,  or increase the profitability of,  the lands owned or held in trust by this state for the benefit of public schools and other institutions of this state consistent with this state's fiduciary responsibilities toward the beneficiaries of the trust lands.
2. For a public use that increases the ability of this state to generate revenue.
D. This section does not apply with respect to:
1. Property held by the United States for the benefit,  including water rights,  of a federal reclamation project or managed by a political subdivision of this state,  or a special taxing district organized under title 48.
2. Property on which permanent improvements are constructed or that is legally encumbered.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1115 - Right of state to enter and survey property for public use

12-1115.
Right of state to enter and survey property for public use
A. Where land is required for public use,  the state,  or its agents in charge of such use,  may survey and locate the land,  but it shall be located in the manner which will be most compatible with the greatest public good and the least private injury.
B. The land may be entered upon to make examinations,  surveys and maps thereof,  and the entry constitutes no cause of action in favor of the owners of the land,  except for injuries resulting from negligence,  wantonness or malice.
C. A person seeking to acquire property for any of the public uses authorized by this title is an agent of the state.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1117 - Complaint

12-1117.
Complaint
The complaint shall set forth:
1. The name of the person asserting the public use for which the property is sought,  as plaintiff.
2. The names of all owners and claimants of the property,  if known,  or a statement that they are unknown,  as defendants.
3. A statement of the right of plaintiff.
4. If a right of way for a road,  ditch,  canal or other purpose is sought,  the location and general route,  accompanied with a map thereof.
5. A description of each piece of land sought to be taken,  and whether the land includes the whole or only a part of an entire parcel or tract.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1118 - Joint or separate actions; consolidation

12-1118.
Joint or separate actions;  consolidation
A. All parcels lying in the county,  and required for the same public use,  may be included in the same or separate proceedings,  at the election of plaintiff,  but the court may consolidate or separate them for convenience of the parties.
B. When application for condemnation of a right of way for sewage disposal,  or to obtain water,  is made on behalf of a settlement,  village or an unincorporated town,  the board of supervisors of the county may be the plaintiff.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1119 - Summons; contents; service

12-1119.
Summons;  contents;  service
A. The clerk shall issue a summons containing:
1. The names of the parties.
2. A general description of the whole property.
3. A statement of the public use for which it is sought.
4. A reference to the complaint for descriptions of the respective parcels.
5. Notice to defendants to appear and show cause why the property described should not be condemned as prayed for in the complaint.
B. The summons in all other particulars shall be as provided in civil actions,  and shall be served in like manner.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1120 - Right to defend action

12-1120.
Right to defend action
All persons occupying,  or having or claiming an interest in any of the property described in the complaint,  or in the damages for the taking thereof,  though not named,  may appear,  plead and defend in respect to his property or interest,  or that claimed by him,  as if named in the complaint.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1121 - Powers of court; precedence

12-1121.
Powers of court;  precedence
A. The court may determine and regulate the place and manner of making connections and crossings or of enjoying the common use mentioned in paragraph 14 of section 12-1111. It shall hear and determine all adverse or conflicting claims to the property sought to be condemned and the claim of damages therefor,  and shall determine the respective rights of different parties seeking condemnation of the same property.
B. The court in which any action brought under articles 2 and 3 of this chapter is pending shall,  at the request of any party,  give the action precedence over other civil actions.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1122 - Ascertainment and assessment of value, damages and benefits

12-1122.
Ascertainment and assessment of value,  damages and benefits
A. The court or jury shall ascertain and assess:
1. The value of the property sought to be condemned and all improvements on the property pertaining to the realty,  and of each and every separate estate or interest in the property,  and if it consists of different parcels,  the value of each parcel and each estate or interest in the parcel separately.
2. If the property sought to be condemned constitutes only a part of a larger parcel,  the damages that will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned,  and the construction of the improvement in the manner proposed by the plaintiff.
3. How much the portion not sought to be condemned and each estate or interest in the portion will be benefited separately,  if at all,  by construction of the improvement proposed by the plaintiff. If the benefit is equal to the damages assessed under paragraph 2 of this subsection,  the owner of the parcel shall be allowed no compensation except for the value of the portion taken,  but if the benefit is less than the damages so assessed,  the benefit shall be deducted from the damages,  and the remainder shall be the only damages allowed in addition to the value.
4. If the property sought to be condemned is for a railroad,  the cost of good and sufficient fences along the line of the railroad,  and the cost of cattle guards where fences may cross the line of the railroad.
B. As far as practicable,  compensation shall be assessed for each source of damage separately.
C. Value shall be determined by ascertaining the most probable price estimated in terms of cash in United States dollars or comparable market financial arrangements that the property would bring if exposed for sale in the open market,  with reasonable time allowed in which to find a purchaser,  buying with knowledge of all of the uses and purposes to which it was adapted and for which it was capable.
D. For the purpose of assessing compensation and damages with respect to property sought to be condemned by this state for transportation purposes,  in addition to subsections A and B of this section,  the court or a jury shall assess compensation and damages pursuant to sections 28-7091 and 28-7097.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1123 - Accrual of right to compensation and damages; limitation

12-1123.
Accrual of right to compensation and damages;  limitation
A. For the purpose of assessing compensation and damages,  the right to compensation and damages shall be deemed to accrue at the date of the summons,  and its actual value at that date shall be the measure of compensation and damages.
B. If there is an order for immediate possession before the final judgment,  the compensation and damages awarded shall draw interest from the date the order is entered by the court. If the defendant is allowed to withdraw money deposited by the plaintiff pursuant to section 12-1116,  subsection M,  the defendant is entitled to interest on the money that the defendant is allowed to withdraw from the date the order for immediate possession is signed by the court until the date of the withdrawal.
C. No improvements placed upon the property subsequent to the date of service of the summons shall be included in the assessment of compensation or damages.
D. If an order is made letting plaintiff into possession before the recording of the final order of condemnation,  the plaintiff shall record the order in the office of the county recorder of the county or counties in which the property is located and on the recording so much of the defendant's property as is affected by the order shall immediately be granted tax exempt status for future tax rolls and any unpaid property taxes that have been levied,  including penalties and interest,  on the property shall be paid to the county treasurer in the county in which the property is located pursuant to section 12-1116.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1124 - Payment of compensation; effect of failure to pay

12-1124.
Payment of compensation;  effect of failure to pay
Payment of compensation and damages may be made to a defendant or defendants entitled thereto,  or the money may be deposited in court and distributed to the defendant or defendants entitled thereto. At the time the money is paid or deposited,  all unpaid property taxes which were levied as of the date of the order for immediate possession,  including penalties and interest,  that are due on the property condemned shall be paid to the county treasurer in the county in which the condemned property is located. If the money is not so paid or deposited,  the defendant or defendants or the county treasurer may have execution as in civil actions,  and if the money cannot be collected on execution,  the court,  upon a showing to that effect,  shall set aside and annul the entire proceedings,  and restore possession of the property to defendant or defendants,  if possession has been taken by plaintiff.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1125 - Payment of damages in proceedings by railroad

12-1125.
Payment of damages in proceedings by railroad
A. If the property sought to be condemned is for a railroad,  plaintiff shall,  within thirty days after final judgment,  pay the sum assessed,  but may,  before payment,  elect to build fences and cattle guards. If plaintiff so elects,  he shall execute and deliver to defendant a bond,  with sureties to be approved by the court,  in double the assessed cost thereof conditioned that plaintiff will build the fences and cattle guards within eighteen months from the time the railroad is built on the land taken,  and if bond is given,  plaintiff shall not be required to pay the cost of the fences and cattle guards to defendant.
B. In an action on the bond reasonable attorney's fees,  in addition to all damages,  may be recovered.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1126 - Final order of condemnation; recording; vesting of property

12-1126.
Final order of condemnation;  recording;  vesting of property
A. When the final judgment has been satisfied and all unpaid property taxes which were levied as of the date of the order for immediate possession,  including penalties and interest,  on the property that is the subject of the condemnation action have been paid,  the court shall make a final order of condemnation,  describing the property condemned and the purposes of the condemnation.
B. A copy of the order shall be recorded in the office of the county recorder of the county or counties in which the property is located,  and thereupon the property described shall vest in plaintiff for the purposes therein specified.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1127 - Possession by plaintiff after judgment or pending appeal; receipt of payment as abandonment; custody of money paid into court; costs of new trial

12-1127.
Possession by plaintiff after judgment or pending appeal;  receipt of payment as abandonment;  custody of money paid into court;  costs of new trial
A. At any time after judgment is entered,  or pending an appeal from the judgment to the supreme court,  when plaintiff has paid into court for defendant or defendants the full amount of the judgment,  and such other amounts as required by the court as a fund to pay further damages and costs which may be recovered in the proceedings,  as well as all damages that may be sustained by defendant or defendants if for any cause the property is not finally taken for public use,  the superior court in which the action was tried may,  upon notice of not less than ten days,  authorize plaintiff,  if already in possession,  to continue therein,  or if not,  then to take possession of and use the property until final conclusion of the litigation,  and may,  if necessary,  stay all actions and proceedings against plaintiff on account thereof.
B. The defendant or defendants who are entitled to the money paid into court upon any judgment may demand and receive the money at any time thereafter upon an order of the court. The court shall,  upon application,  order the money so paid into court delivered to the party entitled thereto upon his filing either a satisfaction of the judgment or a receipt for the money,  and an abandonment of all defenses to the action or proceeding except as to the amount of damages to which he may be entitled if a new trial is granted. Such payment shall be deemed an abandonment of all defenses,  except the party's claim for greater compensation.
C. The money paid into court on final judgment may be placed by order of court in the custody of the clerk or state treasurer to be held or disbursed upon order of court,  and plaintiff and such officers shall be subject to the same responsibility,  liabilities and restrictions with respect thereto as provided in this article when money is paid into court by plaintiff upon application for possession before trial.
D. When a new trial is granted upon application of a defendant,  and he fails upon the trial to obtain greater compensation than was allowed upon the first trial,  the costs of the new trial shall be taxed against him.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1128 - Costs and jury fees

12-1128.
Costs and jury fees
A. Costs may be allowed or not,  and if allowed may be apportioned between the parties on the same or adverse sides,  in the discretion of the court.
B. The jury fee may be assessed or not against the plaintiff,  in the discretion of the court. If jury fees are so assessed,  they shall be calculated in the same manner and amounts as in other civil actions and the plaintiff shall pay such fee to the clerk of the court for transmittal to the county treasurer who shall dispose such monies in the same manner as the disposition of other jury fees.
C. In an action for condemnation of property by or on behalf of an educational,  reformatory or penal institution of the state,  if the board or officers having charge of the institution,  prior to commencement of the action or proceeding,  tender to the owner of the property such sum of money as the board or officers deem the reasonable value of the property,  and the owner refuses to accept it and transfer the property,  then all costs and expenses of the action or proceeding shall be taxed against the owner unless the sum of money assessed in the judgment as the value of the property and compensation to be paid therefor is greater than the amount so tendered.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1129 - Dismissal of condemnation action; litigation expenses

12-1129.
Dismissal of condemnation action;  litigation expenses
A. If a plaintiff causes a condemnation action under this article 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.
B. The court having jurisdiction of a condemnation action under this article shall award the owner with any right to,  title to or interest in the property that is the subject of the action an amount that will reimburse the owner for the owner's reasonable costs,  disbursements and expenses,  including reasonable attorney,  appraisal and engineering fees,  actually incurred because of the condemnation proceeding if either of the following occurs:
1. The final judgment is that the plaintiff cannot acquire the real property by condemnation.
2. The proceeding is abandoned on a motion by the plaintiff.
C. If the proceeding is dismissed on a motion by the plaintiff because the parties have agreed to settle the matter out of court,  both parties shall pay their own costs,  disbursements and expenses,  including reasonable attorney,  appraisal and engineering fees unless otherwise specified by the parties in the settlement agreement.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1130 - Fees and expenses; appraisal; relocation benefits; applicability

12-1130.
Fees and expenses;  appraisal;  relocation benefits;  applicability
A. In a proposed condemnation action if an owner-occupant of a residential property disagrees with the offer and appraisal,  the owner-occupant may obtain a second appraisal from an appraiser who is on the approved list that is maintained by the governmental entity and the governmental entity shall pay for the second appraisal.
B. Before filing an eminent domain action,  the governmental entity shall provide to the owner-occupant all appraisals of the property that the governmental entity obtains.
C. Any governmental entity that acquires owner-occupied residential property by condemnation or threat of condemnation shall provide the owner-occupant with a determination of relocation benefits in an amount that allows the owner-occupant to purchase a comparable replacement dwelling as provided under applicable relocation law.
D. In a condemnation action to acquire owner-occupied residential property,  the court may award fees and other expenses to any party other than this state or a city,  town or county or any other political subdivision of this state. In making the determination,  the court may consider the amount of the difference between the final offer and the compensation awarded,  the percentage of the difference between the final offer and the award and any other factors the court deems appropriate. For the purposes of this subsection,  " fees and other expenses"  means the reasonable expenses of expert witnesses,  the reasonable cost of any study,  analysis,  engineering report,  test or project that the court finds to be directly related to and necessary for the presentation of the party's case and reasonable and necessary attorney fees.
E. This section does not apply to actions for acquisition of property for public safety,  transportation,  flood control or utility purposes.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1131 - Property may be taken only for public use consistent with this article

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1132 - Burden of proof

12-1132.
Burden of proof
(Caution: 1998 Prop. 105 applies)
A. In all eminent domain actions the judiciary shall comply with the state constitution's mandate that whenever an attempt is made to take private property for a use alleged to be public,  the question whether the contemplated use be really public shall be a judicial question,  and determined as such without regard to any legislative assertion that the use is public.
B. In any eminent domain action for the purpose of slum clearance and redevelopment,  this state or a political subdivision of this state shall establish by clear and convincing evidence that each parcel is necessary to eliminate a direct threat to public health or safety caused by the property in its current condition,  including the removal of structures that are beyond repair or unfit for human habitation or use,  or to acquire abandoned property and that no reasonable alternative to condemnation exists.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1133 - Just compensation; slum clearance and redevelopment

12-1133.
Just compensation;  slum clearance and redevelopment
(Caution: 1998 Prop. 105 applies)
In any eminent domain action for the purpose of slum clearance and redevelopment,  if private property consisting of an individual's principal residence is taken,  the occupants shall be provided a comparable replacement dwelling that is decent,  safe,  and sanitary as defined in the state and federal relocation laws,  section 11-961 et seq. and 42 USC 4601 et seq.,  and the regulations promulgated thereunder. At the owner's election,  if monetary compensation is desired in lieu of a replacement dwelling,  the amount of just compensation that is made and determined for that taking shall not be less than the sum of money that would be necessary to purchase a comparable replacement dwelling that is decent,  safe,  and sanitary as defined in the state and federal relocation laws and regulations.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1135 - Attorney fees and costs

12-1135.
Attorney fees and costs
(Caution: 1998 Prop. 105 applies)
A. A property owner is not liable to this state or any political subdivision of this state for attorney fees or costs in any eminent domain action or in any action for diminution in value.
B. A property owner shall be awarded reasonable attorney fees,  costs and expenses in every eminent domain action in which the taking is found to be not for a public use.
C. In any eminent domain action for the purpose of slum clearance and redevelopment,  a property owner shall be awarded reasonable attorney fees in every case in which the final amount offered by the municipality was less than the amount ascertained by a jury or the court if a jury is waived by the property owner.
D. A prevailing plaintiff in an action for just compensation that is based on diminution in value pursuant to section 12-1134 may be awarded costs,  expenses and reasonable attorney fees.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1136 - Definitions

12-1136.
Definitions
(Caution: 1998 Prop. 105 applies)
In this article,  unless the context otherwise requires:
1. " Fair market value"  means the most likely price estimated in terms of money which the land would bring if exposed for sale in the open market,  with reasonable time allowed in which to find a purchaser,  buying with knowledge of all the uses and purposes to which it is adapted and for which it is capable.
2. " Just compensation"  for purposes of an action for diminution in value means the sum of money that is equal to the reduction in fair market value of the property resulting from the enactment of the land use law as of the date of enactment of the land use law.
3. " Land use law"  means any statute,  rule,  ordinance,  resolution or law enacted by this state or a political subdivision of this state that regulates the use or division of land or any interest in land or that regulates accepted farming or forestry practices.
4. " Owner"  means the holder of fee title to the subject real property.
5. " Public use" :
(a) Means any of the following:
(i) The possession,  occupation,  and enjoyment of the land by the general public,  or by public agencies;
(ii) The use of land for the creation or functioning of utilities;
(iii) The acquisition of property to eliminate a direct threat to public health or safety caused by the property in its current condition,  including the removal of a structure that is beyond repair or unfit for human habitation or use;  or
(iv) The acquisition of abandoned property.
(b) Does not include the public benefits of economic development,  including an increase in tax base,  tax revenues,  employment or general economic health.
6. " Taken"  and " taking"  mean the transfer of ownership or use from a private property owner to this state or a political subdivision of this state or to any person other than this state or a political subdivision of this state.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1138 - Severability

12-1138.
Severability
(Caution: 1998 Prop. 105 applies)
If any provision of this act or its application to any person or circumstance is held invalid that invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application,  and to this end the provisions of this act are severable.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1141 - Definitions

12-1141.
Definitions
In this article,  unless the context otherwise requires:
1. " Authorized corporation"  means a corporation or association engaged or about to engage in a public works project,  as defined in this article,  for a public use,  but the construction of the public works project and its conduct thereafter by the corporation or association is subject to regulation or supervision by a federal agency,  as defined in this article,  or a state public body,  as defined in this article,  whether by virtue of an agreement,  provision of law or otherwise.
2. " Court"  means the court in which jurisdiction over proceedings under this article is vested by the provisions of section 12-1142.
3. " Federal agency"  means the United States,  the federal emergency administration of public works or any other agency or instrumentality,  corporate or otherwise,  of the United States.
4. " Plaintiff"  means the person by whom proceedings for acquisition of real property,  as defined in this article,  are instituted pursuant to the provisions of section 12-1142.
5. " Public works project"  means a work or undertaking which is financed in whole or in part by a federal agency,  as defined in this article,  or by a state public body,  as defined in this article.
6. " Real property, "  " property"  or " land"  means all lands,  including improvements and fixtures thereon,  lands under water,  all easements and hereditaments,  corporeal or incorporeal,  and every estate,  interest and right,  legal or equitable,  in lands or water,  and all rights,  interests,  privileges,  easements,  encumbrances and franchises relating thereto,  including terms for years and liens of judgment,  mortgage or otherwise.
7. " State public body"  means the state or a county,  city,  town,  municipal corporation,  authority or any other subdivision,  agency or instrumentality thereof,  corporate or otherwise.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1142 - Agencies qualified to institute proceedings; jurisdiction of court; right of plaintiff to enter upon land

12-1142.
Agencies qualified to institute proceedings;  jurisdiction of court;  right of plaintiff to enter upon land
A. A federal agency,  state public body or authorized corporation may institute condemnation proceedings under this article for acquisition of real property necessary for a public works project. The proceedings may be instituted in the superior court in a county in which any part of the real property or the proposed public works project is located,  and they shall be entitled to precedence over other civil actions.
B. The plaintiff may enter upon the real property proposed to be acquired for the purpose of making a survey thereof,  or posting any notice thereon required by this article. The survey and posting of notice shall be done in such manner as will cause the least possible inconvenience to the owners of the property.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1143 - Complaint

12-1143.
Complaint
A proceeding under this article may be instituted by filing a complaint which shall be sufficient if it sets forth:
1. The name of plaintiff.
2. A description of the property,  sufficient for identification thereof,  to which there may be attached a plat or map thereof.
3. A statement that the acquisition of the property by plaintiff is necessary for a public works project and a brief general description of the public works project.
4. A statement that the action is instituted under this article.
5. An appropriate prayer for relief.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1144 - Inclusion of separate parcels in single action

12-1144.
Inclusion of separate parcels in single action
Any number of parcels of land,  whether owned by the same or different persons and whether contiguous or not,  may be included and condemned in one action,  if the parcels are to be used for a single public works project.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1146 - Waiver of certain rights by persons in interest; determination of issues; judgment on issues; appointment of guardian ad litem

12-1146.
Waiver of certain rights by persons in interest;  determination of issues;  judgment on issues;  appointment of guardian ad litem
A. All persons who have not filed written objections with the court prior to the time of the hearing specified in the notice prescribed by section 12-1145,  shall be deemed to have waived the right to file objections as to the sufficiency and validity of the complaint,  the action and the relief sought thereby,  and of the right of plaintiff to take title and possession prior to final judgment,  as authorized by section 12-1155. All persons who have not filed with the clerk of the court prior to the date of hearing specified in the notice prescribed in section 12-1145,  written demand for trial by jury as to the amount of compensation to be awarded shall be deemed to have waived the right.
B. The court,  at the time specified in the notice,  after hearing and determining all issues of fact and law raised by the objections which have been filed,  shall enter a final judgment with respect to such issues,  and thereafter there shall remain for determination only the amount of the compensation to be paid and the persons entitled thereto.
C. If an infant or other person under legal disability does not appear in the proceedings by his duly authorized legal representative,  the court shall appoint a guardian ad litem to represent such person's interest in the proceedings before the special master appointed as provided by section 12-1147.