Arizona Laws 12-1145. Notice of proceedings; effect of filing notice
A. Notice of the action shall be given by one publication in a newspaper having a general circulation in each county in which any part of the property sought to be condemned is located. The notice shall be published at least twenty and not more than thirty days prior to the date set for the hearing on the validity of the proceedings. The notice shall be in substantially the following form:
Terms Used In Arizona Laws 12-1145
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means the court in which jurisdiction over proceedings under this article is vested by the provisions of section 12-1142. See Arizona Laws 12-1141
- land: means all lands, including improvements and fixtures thereon, lands under water, all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal or equitable, in lands or water, and all rights, interests, privileges, easements, encumbrances and franchises relating thereto, including terms for years and liens of judgment, mortgage or otherwise. See Arizona Laws 12-1141
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plaintiff: means the person by whom proceedings for acquisition of real property, as defined in this article, are instituted pursuant to the provisions of section 12-1142. See Arizona Laws 12-1141
- Property: includes both real and personal property. See Arizona Laws 1-215
- Public works project: means a work or undertaking which is financed in whole or in part by a federal agency, as defined in this article, or by a state public body, as defined in this article. See Arizona Laws 12-1141
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writing: includes printing. See Arizona Laws 1-215
"TO WHOM IT MAY CONCERN:
Notice is hereby given that _______________ (here insert name of plaintiff) has filed a complaint in the above court under the laws relating to the condemnation of real property for public works projects to acquire by condemnation for _________________ (here give brief general description of the public works project for which the land is sought to be acquired), the following described land:
(Here describe the land sufficiently for identification thereof. The description may be by a plat or map.)
Notice is further given that on ____________ (here insert date of hearing, which must be at least twenty days and not more than thirty days after the date of publication) there will be a hearing in this court, at the opening thereof, for the following purposes:
1. To determine the validity of the action and the right of plaintiff, if it so elects, to take title to and possession of such property prior to final judgment, as authorized by section 12-1155, and any persons having an interest in or lien upon the above described property shall be deemed to have waived their rights thereafter to object to the court’s decision with respect to such issue, unless prior to that date they have filed in writing with the clerk of the court their objection thereto.
2. To consider the appointment of a special master to determine the compensation to be awarded for such property and the persons entitled thereto, unless written demand for a jury is filed with the court before the date of hearing, in which event the compensation to be awarded to the person filing such demand shall be ascertained by jury trial and not by special master.
3. Fixing the date and place at which the special master will hear and determine the compensation to be paid for such property and the person entitled thereto.
Notice is further given that all claims or demands for compensation because of the taking and condemnation of such property shall be filed with the above court before _____________ (here insert a date fifteen days after the date above specified for the court hearing), or the compensation will be deemed waived.
Dated the _________________ day of ___________________
_______________________
Clerk of the court"
B. Notice of the action shall also be given:
1. By posting a copy of the notice in conspicuous places on the real property sought to be condemned.
2. By filing a copy of the notice in the office of the clerk of the court in which such proceedings are pending.
3. By filing, in the same manner as lis pendens is filed, a copy of the notice in the office of the county recorder in each county in which any part of the real property is located.
C. The publication, posting and filing shall constitute legal and sufficient notice of the action to all persons having any interest in or lien upon the property described in the notice. Filing of the notice in the office of the county recorder shall be constructive notice of the proceedings to all persons who subsequently acquired an interest in or lien upon the property, and plaintiff shall take all property condemned under this article free of the claims of such persons.