Section 11.10 Burden of Proof

• Library: Eminent Domain 3rd Edition 2013

The condemnor has the burden of proof to show that it has taken the steps necessary to authorize the initiation of the condemnation action.

Flecha Caida Water Co. v. City of Tucson, 4 Ariz. App. 331, 420 P.2d 198 (1966)

The burden of proof as to compensation and damages is on the property owner or party seeking compensation. The failure to meet that burden may result in no compensation award.

State ex rel. Ordway v. Buchanan, 154 Ariz. 159, 741 P.2d 292 (1987)

Town of Williams v. Perrin, 70 Ariz. 157, 217 P.2d 918 (1950)

Pima County v. Palos Cos. Unlimited, 140 Ariz. 481, 682 P.2d 1148 (App. 1984) (when landowner failed to offer any evidence as to the after value, the issue of severance damages never should have been submitted to the jury)

Choisser v. State ex rel. Herman, 12 Ariz. App. 259, 469 P.2d 493 (197...