Section 11.16A Costs

• Jurisdiction: Arizona

A.R.S. § 12-1128 provides that taxable costs may be allowed or not and, if allowed, may be apportioned between the parties on the same or adverse sides in the discretion of the trial court. Jury fees may be assigned or not against the plaintiff, in the discretion of the court.

A.R.S. § 12-1128 gives the trial court substantial discretion to decide what costs are properly taxable in favor of condemnee, to deny unnecessary expenditures made in bad faith for the purpose of increasing costs or obstructing proceedings, and to assess obstructive condemnee costs of condemnor. The trial court also has discretion to apportion...