Acquisition and Condemnation on behalf of Government Agencies


Our attorneys are well versed with the legal requirements necessary to exercise the power of condemnation.  Under Arizona law, certain government agencies have the power to acquire property and property-related rights for public purposes and projects such as roadways, parks, utility lines, public buildings and drainage.  Entities with the right to condemn include the state, counties, cities, political subdivisions, public service corporations, tribal governments and numerous special taxing districts.

We assist our clients with acquisition and, if necessary, condemnation of private property rights in compliance with state and any potentially applicable federal requirements.

Gallagher & Kennedy offers a variety of services and resources to condemning entities, including:

  • Review of project design
  • Oversight of project workflow
  • Identification of property owners and others with compensable property interests
  • Defense of “right to take” or other challenges to condemnation actions
  • Assistance with obtaining prompt, consistent and defensible appraisals
  • Negotiation and processing of right-of-entry agreements and orders
  • Analysis of utility prior rights issues
  • Coordination of relocation and payment of relocation benefits
  • Review, critique and analysis of the opposing parties’ appraisals and valuation theories
  • Development of litigation strategy, including organization of trial experts or consultants and assistance and advice regarding settlement
  • Prosecution of condemnation lawsuits from initial filings through trial and appeal

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