Section 11.18 Abandonment of the Condemnation

JurisdictionArizona

Three statutes (A.R.S. §§ 11-972, 12-1129, and 28-7052) provide for the reimbursement of an owner’s attorneys’ fees and litigation expenses in the event that a condemnation case is abandoned by the condemning authority.

Prior to 2002, only two statutes provided for the reimbursement of fees in the event of abandonment: (1) A.R.S. § 28-1868 (now A.R.S. § 28-7052) concerning condemnation actions filed by the Arizona Department of Transportation and (2) A.R.S. § 11-972 concerning non-Department of...

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