Section 11.9 Trial

• Jurisdiction: Arizona

There is no distinction between a right to a jury trial in a condemnation case and the right to a jury trial in other civil actions. A failure to demand a trial by jury under Rule 38(b) is a waiver of that right in a condemnation case.

Austin v. State ex rel. Herman, 10 Ariz. App. 474, 459 P.2d 753 (1969)

However, there is some conflict over what condemnation and inverse condemnation issues are proper questions for the jury.

City of Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687, 119 S. Ct. 1624, 143 L. Ed. 2d 882 (1999) (where a claim is brought pursuant to 42 U.S.C. § 1983 arising out of an inadequate...