Section 11.7 Discovery

• Jurisdiction: Arizona

As amended in 2002, A.R.S. § 12-1116(A) requires all condemning bodies, at least 20 days prior to filing a condemnation action, to deliver to the property owner and the sole lessee of record, if any, a written offer of just compensation to purchase the property interest sought to be condemned and one or more appraisals supporting the offered amount. Also, other owners in a substantial interest in the property may obtain a copy of the offer and appraisal by request. A.R.S. § 28-7098 was similarly amended to require the same in condemnation actions instituted by the Department of Transportation.

Appraisal reports of trial experts are discoverable under Rule 26(b)(4)(A) of the Arizona Rules of Civil Procedure without consideration of the Rule 26(b)(3) substantial need standard.

State ex rel. Miller v. Superior Court, 159 Ariz. 21, 764 P.2d 756 (App. 1988), aff’d, 159 Ariz. 567, 769 P.2d 1013 (1989)

Routine...