Eminent Domain Attorneys in Arizona

It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation.

Eminent Domain & Condemnation Attorneys – Arizona

Sever Walker Padgitt fights for justice on behalf of landowners across America. Whether your property is being targeted by ADOT, a utility company, or a local redevelopment authority, you deserve legal protection that prioritizes your financial and property rights. If you’re facing eminent domain in Arizona from the state, the federal government, or a private condemnor, we’re here to ensure your rights are upheld in and out of court.

Never assume the condemning agency is offering you a fair deal. Their priority is the project, not your losses. At Sever Walker Padgitt, our only mission is to fight for the landowners.

To see real examples of how we’ve helped landowners like you, visit our Project Results page.

What Is Eminent Domain Law In Arizona?

Eminent domain law states that government agencies and certain private entities have the legal authority to acquire private land for public use, typically with compensation. However, this power is frequently abused, leaving landowners with inadequate offers, confusing paperwork, or even intimidation tactics.

Arizona law provides safeguards for landowners, but these protections only work if you know how to use them. To understand how Arizona laws compare to other states, visit our state-by-state eminent domain guide.

Arizona-Specific Eminent Domain Law

Eminent domain in Arizona allows for the acquisition of private land for “public use” projects, such as highways, bridges, utility lines, and flood control. According to Arizona statutes, condemnors must first present a written offer supported by an appraisal, then provide landowners with a minimum of 20 days’ notice before filing a condemnation action.

Public use in Arizona, has been litigated in cases like City of Phoenix v. Donofrio (1961), which ruled that a city cannot condemn land for a parking lot for city vehicles,, and Bailey v. Myers (2006), which reaffirmed that a taking must genuinely serve the public interest, not private gain. 

Fair market value is determined based on the property’s highest and best use, not just its current use. Factors may include:

  • Comparable property sales
  • Zoning and development potential
  • Location and accessibility

An eminent domain attorney familiar withArizona law will use these variables to build a case for greater compensation.

What Should Landowners Do After Receiving An Eminent Domain Notice In Arizona?

If you’ve received a notice, your condemnor has already spent months—maybe years—preparing their case. You need to act quickly to protect your rights. Here are the steps to take:

Hire an Eminent Domain Attorney

An experienced attorney will guide you through the condemnation process, review the offer, and determine whether it reflects fair market value and the full extent of your losses.

Don’t rely on the condemnor’s appraiser—they don’t work for you.

Understand Your Rights

Landowners in Arizona have legal rights, including:

  • The right to receive written notice
  • The right to review the condemner’s appraisal
  • The right to challenge the purpose of the taking
  • The right to seek better compensation

An attorney can explain what these rights mean in your unique situation.

Let Your Attorney Negotiate

It’s tempting to handle negotiations yourself, but remember, this is a legal proceeding. Your lawyer will know how to use Arizona Revised Statutes Title 12 and other legal precedents to your advantage.

You only get one chance to be compensated fairly. Don’t go it alone.

Case Results

State: Indiana (Marion County)

Case Type: Road projects

Initial Offer: $46,160

Sever Walker Padgitt Result:

$2,400,000

State: Indiana (Johnson County)

Case Type: Road projects

Initial Offer: $301,200

Sever Walker Padgitt Result:

$3,800,000

State: Indiana (Vigo County)

Case Type: Road projects

Initial Offer: $1,186,000

Sever Walker Padgitt Result:

$4,475,000

State: Indiana (Hamilton County)

Case Type: Road projects

Initial Offer: $79,200

Sever Walker Padgitt Result:

$3,000,000

State: Georgia (Union County)

Case Type: Road projects

Initial Offer: $454,250

Sever Walker Padgitt Result:

$1,500,000

State: Illinois, Sangamon County

Case Type: Road projects

Initial Offer: $125,600

Sever Walker Padgitt Result:

$1,191,950

View All Case Results

Frequently Asked Questions

Eminent Domain Just Compensation in Arizona

Every landowner is entitled to “just compensation” from their condemnor. So what exactly does this term mean? Legally, just compensation is a monetary exchange that is equal to or greater than the market value of the land. But unfortunately, many unknowing landowners walk away with less compensation than they deserve. A skilled attorney can help landowners get the greatest possible compensation for their land.

Eminent Domain Relocation Costs in Arizona

Relocating a home or business can be extremely expensive, which is why landowners are entitled to eminent domain relocation costs paid by their condemnor. Yet, the courts often underestimate or do not fully consider these costs, meaning landowners do not receive the full benefits. Again, it’s crucial to have an eminent domain attorney to fight for these benefits.

What Happens if I Refuse to Negotiate with the Government?

If you refuse their offer, the government may file a condemnation lawsuit. At that point, you can challenge:

  • The necessity of the project
  • The fairness of the compensation
  • Whether the project qualifies as public use

The case will likely move to court, where an eminent domain attorney can present expert testimony and demand a jury trial.

Yes. Business owners may be entitled to compensation for lost revenue, equipment relocation, and loss of goodwill. Homeowners may be eligible for moving costs and value lost to partial takings. Your eminent domain attorney will know how to pursue both property value and business damages.

Yes, in some cases. Arizona law allows for fee recovery when:

  • The landowner wins a higher award at trial than the offer
  • The taking is ruled invalid
  • The condemnor abandons the case

Ask your eminent domain attorney whether your case qualifies.

Condemning agencies must follow legal boundaries. They must:

  • File a written offer with an appraisal.
  • Give 20 days’ notice before filing.
  • Prove the taking is for public use.
  • Pay just compensation.

Failure to follow these steps can result in dismissal. Your attorney will hold them accountable.

Most cases settle within 6 to 12 months. But if your case goes to trial, expect 12 to 18 months, depending on the complexity. Cases involving disputed valuations, multiple landowners, or partial takings can take longer.

It’s rare, but possible. Courts have ruled against takings that lacked a public purpose. With the right eminent domain attorney, you may challenge improper notice, invalid appraisals, or misuse of public use.

How Sever Walker Padgitt Can Help You

With decades of experience, Sever Walker Padgitt has helped thousands of landowners across the U.S. Our team brings deep expertise, battle-tested litigation strategies, and a singular commitment to landowner rights.

Whether you live in Phoenix, Tucson, Mesa, Scottsdale, or Flagstaff, our firm can represent you. We handle commercial, residential, industrial, and agricultural takings.

Our unique value lies in our national network, local partnerships, and proven case results. We’ve fought against government agencies, utility companies, and developers in every region.

Ready to protect your property? Hire an Arizona-licensed eminent domain attorney who will stand up to the condemners.

Contact us today to schedule a complimentary consultation. We only get paid if you do.

Meet Our Team

Sever Walker Padgitt Team Photo

At Sever Walker Padgitt, we take pride in our expertise and dedication. With over 50 years of combined experience, our entire firm is built around serving you—the landowner who is facing eminent domain or condemnation.

Get to know the faces behind the firm and discover the depth of knowledge and commitment that drives us to achieve the best possible outcomes for you.

Contact Us

Let us share our expertise before you take on Connecticut by yourself. We pledge to provide a free case review for any individual or business facing eminent domain or condemnation.

Contact us online or call 888-318-3761 to speak to a Connecticut eminent domain attorney.

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