Section 10.18 Laches
| Library | Eminent Domain 3rd Edition 2013 |
A private utility filed condemnation actions for a utility easement and two cases involving adjacent properties were consolidated. The trial court entered an order for immediate possession as to each property. One of the property owners, Hughes Tool Co., challenged the constitutionality of the immediate possession order by a special action to the Arizona Supreme Court. Only after the Supreme Court held that the immediate possession provisions of A.R.S. § 12-1116 did not apply to a nonmunicipal utility did...
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