Section 1.1 Nature of the Power of Eminent Domain

• Jurisdiction: Arizona

Eminent domain is the right and power of the sovereign to appropriate private property for particular public uses and embraces all cases where, under the authority of the state, property of an individual is appropriated for the public good. The right is an inherent one that pertains to sovereignty as a necessary, constant, and inextinguishable attribute. Constitutional provisions do not create or grant the power, but are limitations on it. The right has always carried with it, even in the absence of constitutional limitations, the principle that in some manner and to some extent compensation must be made to the owner.

City of Mesa v. Salt River Project Agric. Improvement & Power Dist., 92 Ariz. 91, 373 P.2d 722 (1962), appeal dismissed, 372 U.S. 704, 83 S. Ct. 1018, 10 L. Ed. 2d 124 (1963)

City of Scottsdale v. Municipal Court of Tempe, 90 Ariz. 393, 368 P.2d 637 (1962)

County of Mohave v. Chamberlin, 78 Ariz. 422, 281 P.2d 128 (1955)

In re Forsstrom, 44 Ariz. 472, 38 P.2d 878 (1934) (overruled on other grounds in County of Mohave v. Chamberlin, 78 Ariz. 422, 281 P.2d 128 (1955) and State ex rel. Morrison v. Thelberg, 87 Ariz. 318, 350 P.2d 988 (1960))

Inspiration Consol. Copper Co. v. New Keystone Copper Co., 16 Ariz. 257, 144 P. 277 (1914)

The power of eminent domain is based on the premise that private ownership must at times yield to public necessity or for the benefit of the public.

Oury v. Goodwin, 3 Ariz. 255, 26 P. 376 (1891)

As a sovereign right, it is considered so necessary for the proper performance of governmental functions that it is deemed essential to the life of the state or nation.

Tucson Elec. Power Co. v. Adams, 134 Ariz. 396, 656 P.2d 1257 (App. 1982)

The right to be compensated for the taking of property existed prior to the adoption of the Constitution and would exist even without the constitutional provisions.

Maricopa County Mun. W.C.D. No. 1 v....