Need 2 Know: Dealing with Condemnation Issues in the Recovering Economy

Commercial Executive Magazine

Need 2 Know: Dealing with Condemnation Issues in the Recovering Economy

Now that Arizona's economy is on the road to recovery, some public projects in Maricopa County that were put on hold during the recession may soon be back in the pipeline or, in some cases, already are back on track. Large areas of land throughout the county will be affected, and many of these projects will require government acquisition of private land. The government (which can include federal, state, county, cities and utilities) may purchase land either through a voluntary, negotiated transaction with the land owner, or, when negotiations fail, through use of the government's power of eminent domain (also refered to as condemnation). Let's look at some of these proposed projects and what property owners facing government acquisition of their land may need to know about eminent domain.

Based on current projections, public transportation projects represent the largest potential (or government land acquisition in the coming years. To determine if you may be a landowner in the path of a proposed public project in Maricopa County a good resource is the Regional Transportation Plan (RTP) developed and approved through the Maricopa Association of Governments (MAG). A link to the RTP can be found through the Maricopa Association of Governments

MAG is the municipal planning agency for the Maricopa County region. The RTP is a regional plan
addressing freeways and highways, streets, public transit, airports, and other transportation facilities through 20.31. The RTP was first developed and approved by MAC In 2003 and was last updated In 2010. A major funding source for the RTP is the half-cent sales tax for transportation (Proposition 400) approved by Maricopa County voters and authorized through 2026. State law requires revenues from the half-cent sales tax to be used on projects and programs identified In the RIP, and MAG administers Proposition 400 fund, using the "blueprint" of the RIP.


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