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

The National Law Journal recognized Dale Zeitlin's jury verdict in City of Scottsdale v. Toll Brothers as one on the top 100 verdicts for 2008. In fact, the verdict, which was for $81,903,496, plus pre-judgment interest in the amount of $9,826,023, was the 26th largest jury verdict in the United States during 2008.

The City of Scottsdale condemned 383 acres of vacant desert land in 2004.  The property had a highest and best use for low density single family residential development  The City valued the property at $33,800,000. 

The jury verdict stands as the largest eminent domain verdict in Arizona history.

• Email This
• Print
• Comments
• Trackbacks

The City of Scottsdale voted to pay the full jury award, plus statutory interest, which amounted to $92,000,000.  The City decided to pay the judgment rather appeal the jury's award.

The jury award was the largest award in the history or Arizona trials in eminent domain actions. This was also one of the largest jury verdicts in the United States for trials that occurred in 2008.

The City had condemned Toll Brothers' land that Toll had planned to development into a high-end residential single family community.  Toll's land was condemned for the McDowell Sonoran Preserve, a  project where the City wished to preserve desert land in its natural state and prohibit development.The City had appraised the 383 acres for  $82,000 per acre or  about $31,000,000. 

The jury rejected the City's appraisal, and found that the fair market value of the land was about $214,000 per acre, or $82,000,000. Although the City threatened to appeal, the City ultimately realized that the jury's decision was fair and that it did not have a viable appeal.

• Email This
• Print
• Comments
• Trackbacks

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"

• Email This
• Print
• Comments
• Trackbacks