Arizona Laws 36-1407. Eminent domain
A. A city, town or county may acquire by the exercise of eminent domain any real property which it deems necessary for its purposes under this article after the adoption by it of a resolution declaring that the acquisition of the real property described is necessary for such purposes. A city, town or county may exercise the power of eminent domain in the manner provided by Title 12, Chapter 8, Article 2 or 3 or in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Title to property so acquired shall be taken in the name of the city, town or county.
Terms Used In Arizona Laws 36-1407
- Federal government: includes the United States, the United States department of housing and urban development or any other agency or instrumentality, corporate or otherwise, of the United States. See Arizona Laws 36-1401
- Governing body: means the board of commissioners of a public housing authority, the common council or other legislative body of the city or town or the county board of supervisors. See Arizona Laws 36-1401
- housing authority: means an agency of a city, town or county created and controlled pursuant to this article. See Arizona Laws 36-1401
- 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.
- Real property: includes all lands, including improvements and fixtures on the land, and property of any nature appurtenant to the land, or used in connection with the land, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens. See Arizona Laws 36-1401
B. Property already devoted to a public use may be acquired in like manner, but property belonging to the federal government, a registered Indian tribe, the state or any political subdivision shall not be acquired without its consent.
C. A public housing authority may exercise the power of eminent domain. The power of eminent domain may also be exercised on behalf of a public housing authority. This power shall only be exercised in relation to the provision of low income housing pursuant to this article. A public housing authority that acts on behalf of a city, town or county may exercise the power of eminent domain and may take property title in the name of that authority if it first obtains the written approval by resolution of the governing body that controls its acts and existence pursuant to this article.