Section 10.1C Allocation of Award Between Lessee and Lessor

LibraryEminent Domain 3rd Edition 2013

In an action for an allocation of a condemnation award between the lessor and the lessee, the lessee bears the burden of proof in establishing the damages to its leasehold estate as a result of the partial taking of the land.

County of Maricopa v. Shell Oil Co., 84 Ariz. 325, 327 P.2d 1005 (1958)

Mobil Oil v. Phoenix Central Christian Church, 138 Ariz. 397, 675 P.2d 284 (App. 1983)

The capitalization approach to valuation, which is generally based upon the capitalization of the rental income of the property...

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