Arizona Laws 11-973. Buildings, structures and improvements
A. Notwithstanding any other provision of law, if the acquiring agency acquires any interest in real property, it shall also acquire the same interest in all buildings, structures or other improvements located upon the real property so acquired and which will be removed from such real property or which will be adversely affected by the use to which such real property will be put.
Terms Used In Arizona Laws 11-973
- Acquiring agency: means the state, any department, agency, board or commission of the state, counties, school districts, cities, towns, all municipal corporations, any other political subdivision of the state and any other person or entity with the power of eminent domain. See Arizona Laws 11-961
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: includes both real and personal property. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
B. For the purpose of determining the just compensation to be paid for any building, structure or other improvement required to be acquired by subsection A, such building, structure or other improvement shall be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure or improvement at the expiration of his term, and the fair market value which such building, structure or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement, for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.
C. Payment under this section shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer and release to the acquiring agency all his right, title and interest in and to such improvements. Nothing in this section shall be construed to deprive the tenant of any rights to reject payment under this section and to obtain payment for such property interests in accordance with applicable law, other than this section.