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 City of Scottsdale is considering whether to appeal the Toll Brothers condemnation verdict of nearly $82,000,000.  The City  needs the property  for its preserve project and has the money to pay the judgment.

It is likely that any appeal will cause Toll to file a cross-appeal, which could have the effect of increasing the City's exposure to $120,000,000.

If the City uses good management practices, it will simply pay the judgment and not appeal.   

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The Wall Street Journal reported that States' legislation that has curtailed the use of condemnation for urban renewal projects has not had any negative economic effect.

This is not surprising  to Dale Zeitlin, who represents property owners in condemnation cases, because urban renewal has been used as a tool by developers and cities to force owners to sell their properties for less than fair market value. 

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The DC court ordered that the District of Columbia produce a secret agreement , known as a "Mary Carter Agreement" between the District and one of the property owners in a condemnation of properties for the new baseball stadium in downtown District of Columbia.

Dale Zeitlin, who represents  one of the largest properties that is being condemned, asked the court to produce the agreement because it could have the effect of prejudicing his client's right to a fair trial on the issue of just compensation.

The court did the right thing and ordered the production of the secret agreement.

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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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