Section 3.3 The Determination of Slum or Blight

• Library: Eminent Domain 3rd Edition 2013

Arizona’s Slum Clearance and Redevelopment Law provides that a municipality must adopt a resolution by a two-thirds vote finding that one or more slum or blighted areas exist in the municipality and that the redevelopment of such area or areas is necessary in the interest of public health, safety, morals, or welfare, before the municipality can proceed to exercise any of its powers, including the power of eminent domain, under that law.

A.R.S. § 36-1473

Pursuant to a 2003 amendment, a municipality must also make a separate determination by a two-thirds vote that the property to be acquired by eminent domain is critical to the redevelopment project and the existing use of the property is not compatible with the proposed use and cannot be incorporated into or excluded from the proposed project.

A.R.S. § 36-1474

The determination of whether an area is a slum or blighted is analogous to the finding of necessity and is a legislative question.

City of Phoenix v. Superior Court, Maricopa County, 137 Ariz. 409, 671 P.2d 387 (1983)

Tucson Community Dev. v. City of Tucson, 131 Ariz. 454, 641 P.2d 1298 (App. 1982)

In reviewing the findings of the governmental body as to...