Section 11.16B Fees and Expenses

• Jurisdiction: Arizona

The Constitution does not require that a condemning agency reimburse a property owner for his attorneys’ fees, expert witness fees, or the costs of trial exhibits. These are considered indirect costs to the property owner caused by the taking of his land and are not part of the just compensation due under the constitution.

State ex rel. Morrison v. Jay Six Cattle Co., 88 Ariz. 97, 353 P.2d 185 (1960)

State v. McDonald, 88 Ariz. 1, 352 P.2d 343 (1960)

Flood Control Dist. of Maricopa County v. Hing, 147 Ariz. 292, 709 P.2d 1351 (App. 1985) (this case cites a U.S. Supreme Court decision holding that such “compensation is a matter of legislative grace rather than constitutional command”; U.S. v. Bodcaw Co., 440 U.S. 202, 99 S. Ct. 1066, 59 L. Ed. 2d 257 (1979))

Tovrea v. Trail’s End Improvement Ass’n, 130 Ariz. 108, 634 P.2d 396 (App. 1981) (condemnation of a private way of necessity)

Mastick v. State, 118 Ariz. 366, 576 P.2d 1366 (App. 1978)

Also, attempts to recover attorneys’ fees and expert witness fees under A.R.S.
§ 12-341.01 have not been successful.

Flood Control Dist. of Maricopa County v. Hing, 147 Ariz. 292, 709 P.2d 1351 (App. 1985) (a claim that action was brought in bad faith, in light of a 1.3 million dollar recovery by owners...