Arizona Eminent Domain Lawyer & Attorney : Zeitlin & Zeitlin Law Firm : Condemnation, Valuation, Property Disputes

The Arizona Court of Appeals ruled on March 7, 2008, that the Arizona statute setting the date of valuation in condemnation cases filed in Arizona is unconstitutional.  Dale Zeitlin successfully argued that where the City of Scottsdale filed a condemnation case in January 2003, but did not take possession of the condemned property until May 2004, the date of valuation must be the date the City took possession.  Dale Zeitlin argued successfully that the Arizona statute that states the date of valuation is the date the case is filed, violates the United States Constitution.

For more, read East Valley Tribune - "Scottsdale Preserve Condemnation"

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The  jury, in the condemnation case between the City of Scottsdale and Toll Brothers, awarded Toll nearly $82,000,000 for its property, which the City had taken in 2004.  This is the largest jury verdict in Arizona history in a condemnation case.

The jury deliberated for two days before reaching its verdict.

The jury reached a fair and reasonable result and I applaud the jury for doing so.

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The Jury, in the condemnation case, between the City of Scottsdale and Toll Brothers, rejected the City's attempt to devalue Toll's property.  The City argued that Toll's property, which was taken for a natural preserve, should have a lower value because the City itself had caused the property to be more valuable because it was next to the preserve. 

The City ignored the fact that   the desert and mountains were not created by the City. Oops!

The jury saw through the City's argument.  The jury system works again.

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