Section 10.4 Noise, Fumes, and Other Proximity Damages
Jurisdiction | Arizona |
Increased noise, fumes, and other factors caused by proximity to a highway which bear on the after value of a remaining parcel may be considered in determining severance damages; they are not compensated for as distinct and separate elements of severance damage, but rather as they impact the after value of the property.
State ex rel. Miller v. J.R. Norton Co., 158 Ariz. 50, 760 P.2d 1099 (App. 1988) (there is no need to show that there has been a substantial level of damage; the owner can recover for the reduction in the fair market value of the remainder regardless of the amount)
However, a property owner need not show that...
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- Section 10.1 Leasehold Interests
- Section 10.1A Valuation of a Leasehold Interest
- Section 10.1B Renewals of Lease
- Section 10.1C Allocation of Award Between Lessee and Lessor
- Section 10.1D Condemnation of Leasehold
- Section 10.2 Access
- Section 10.2A An Overview
- Section 10.2B A Chronology of Arizona’s Access-Limitation Cases
- Section 10.2C Breach of Contract re: Access
- Section 10.2D Exercise of Police Powers
- Section 10.3 Damage to Business
- Section 10.4 Noise, Fumes, and Other Proximity Damages
- Section 10.5 Temporary Taking or Damage
- Section 10.6 Improvements
- Section 10.7 Easements
- Section 10.8 Flooding or Threat of Flooding
- Section 10.9 Utilities
- Section 10.9A Scope of the Power; Procedures
- Section 10.9B Valuation
- Section 10.10 Billboards
- Section 10.11 Change of Plans
- Section 10.12 Contractual Rights to Specific Construction Features
- Section 10.13 State School Trust Lands
- Section 10.14 Property Taxes
- Section 10.15 Adverse Possession
- Section 10.16 Relocation Assistance
- Section 10.17 Inverse Condemnations
- Section 10.18 Laches
- Section 10.19 Environmental Issues
- Section 10.19A Environmental Protection Act
- Section 10.19B Other Environmental Issues
- Section 10.20 Taxation of Award
- Section 10.21 Delay
- Section 10.22 Bankruptcy
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