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Senate Engrossed |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SENATE BILL 1362 |
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AN ACT
amending section 12-1128, Arizona Revised Statutes; relating to eminent domain.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-1128, Arizona Revised Statutes, is amended to read:
12-1128. Costs and jury fees
A. The court may award reasonable costs may be allowed or not, and, if the court finds the condemning entity has not acted in good faith, attorney fees. If allowed, the court may be apportioned apportion the fees and costs between the parties on the same or adverse sides, in the discretion of the court.
B. The jury fee may be assessed or not against the plaintiff, in the discretion of the court. If jury fees are so assessed, they shall be calculated in the same manner and amounts as in other civil actions and the plaintiff shall pay such the fee to the clerk of the court for transmittal to the county treasurer who shall dispose such of the monies in the same manner as the disposition of other jury fees.
C. In an action for condemnation of property by or on behalf of an educational, reformatory or penal institution of the this state, if the board or officers having charge of the institution, prior to before commencement of the action or proceeding, tender to the owner of the property such sum of money as the board or officers deem the reasonable value of the property, and the owner refuses to accept it and transfer the property, then all costs and expenses of the action or proceeding shall be taxed against the owner unless the sum of money assessed in the judgment as the value of the property and compensation to be paid therefor is greater than the amount so tendered.