Section 10.5 Temporary Taking or Damage

• Library: Eminent Domain 3rd Edition 2013

If the cause of injury to real property is abatable or preventable and the injury is capable of rectification by reasonable restoration, the cost of which does not exceed the damage to the property, the injury will be considered temporary and not a taking. The measure of damages for such temporary damage is the reasonable expense of restoration and, if appropriate, the loss of income for a reasonable time pending restoration.

City of Tucson v. Transamerica Title Ins. Co. of Ariz., 26 Ariz. App. 42, 545 P.2d 1004 (1976)

The test used to determine whether a temporary...