Arizona Laws 48-512. Compensation and damages; date of accrual; apportionment
A. The compensation and damages shall be deemed accrued at the date of the order appointing referees or of the order setting the cause for trial, and its actual value at that date shall be the measure of compensation for all property to be actually taken, and of damages to property not taken but injuriously affected. Improvements placed upon the property subsequent to the date of publishing the notice of the passage of the resolution of intention shall not be included in the assessment of compensation or damages.
Terms Used In Arizona Laws 48-512
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Improvement: includes all the improvements mentioned in this article, and the term or terms "street opening or widening" and "opening or widening" include all improvements mentioned in this article. See Arizona Laws 48-501
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes both real and personal property. See Arizona Laws 1-215
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
B. The referees, the court or the jury, shall find separately the value of each parcel of property sought to be condemned, and all improvements thereon pertaining to the realty and of each separate estate or interest therein. If a parcel sought to be condemned is only a part of a larger parcel, they shall find the damages which will accrue to the portion not sought to be condemned, and to each separate estate or interest therein by reason of its severance from the portion sought to be condemned, and the construction of the improvement in the manner proposed by the plaintiff. Such damages shall be fixed irrespective of any benefit from the improvement.