AZ Common Law Causes of Action TRESPASS (2011)

• Jurisdiction: Arizona

TRESPASS

Elements

“A ‘trespasser’ is one who does an unlawful act or a lawful act in an unlawful manner to the injury of the person or property of another.” MacNeil v. Perkins, 84 Ariz. 74, 82, 324 P.2d 211, 216 (1958).

“A physical entry on the land is an essential element of a trespass.” Brenteson Wholesale, Inc. v. Ariz. Pub. Serv. Co., 166 Ariz. 519, 523, 803 P.2d 930, 934 (App. Div. 1, 1990).

Damages

“[I]n appropriate cases, a landowner whose vegetation has been destroyed by a trespass may receive damages based on restoration costs. This is so even when the amount may exceed the diminution in market value of the real property on which the vegetation grew.” Dixon v. City of Phoenix, 173 Ariz. 612, 622, 845 P.2d 1107, 1117 (App. Div. 1, 1992).

“The measure of damage is that amount which will constitute just compensation for the injury done (be it trespass or taking) considered in relation to the particular purpose for...