Section 4.2 Nature of Interest or Title Acquired

• Jurisdiction: Arizona

A.R.S. § 12-1113 sets forth the various estates in land which are subject to condemnation, as follows:

The interests, estates and rights in lands subject to be taken for public use, are:

1. A fee simple, when taken for public buildings or grounds or for permanent buildings, for use in connection with a right-of-way or for an outlet for the flow or a place for the deposit of tailings or refuse from a mine or for irrigating ditches. A leasehold interest in a building may be taken only if the underlying property is taken in fee title or easement.

2. An easement when taken for any use other than those set forth in paragraph 1.

3. A right of entry upon and occupation of...