|
REFERENCE TITLE: eminent domain; damages |
|
State of Arizona Senate Fiftieth Legislature First Regular Session 2011
|
|
SB 1397 |
|
|
|
Introduced by Senators Biggs, Antenori
|
AN ACT
amending section 12-1129, 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 12-1129, Arizona Revised Statutes, is amended to read:
12-1129. Dismissal of condemnation action; litigation expenses; treble damages
A. If a plaintiff causes a condemnation action under this article to be dismissed without prejudice before payment of the compensation and damages awarded the defendant by the court or jury, the plaintiff shall not initiate any eminent domain proceeding with respect to the same property for the same or a related project for at least two years after the date of the verdict or judgment.
B. The court having jurisdiction of a condemnation action under this article shall award the owner with any right to, title to or interest in the property that is the subject of the action an amount that will reimburse the owner for the owner's reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of the condemnation proceeding if either of the following occurs:
1. The final judgment is that the plaintiff cannot acquire the real property by condemnation.
2. The proceeding is abandoned on a motion by the plaintiff.
C. If the proceeding is dismissed on a motion by the plaintiff because the parties have agreed to settle the matter out of court, both parties shall pay their own costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees unless otherwise specified by the parties in the settlement agreement.
D. In addition to any other relief, in a condemnation action under this article the defendant shall recover treble damages if the final judgment is that the plaintiff cannot acquire the real property by condemnation.