Condemnation, Inverse Condemnation and Eminent Domain
Our attorneys are experienced in handling condemnation and eminent domain matters including: addressing condemnations and partial takings by state, county, city and public agencies, as well as private entities; dealing with both entire property and partial takings giving rise to severance damages, cost of cure measurements and other consequential damages; addressing the apportionment of damages between the property owner and those with leasehold partial fee or lesser interests with and without clauses in entitlement documents addressing the apportionment of such damages. Additionally, our attorneys have broad experience in challenging appraised values and the use of appraisers and other specialized experts to address the compensation issues associated with all such takings. Our attorneys have tried cases to verdict and obtained rulings prohibiting takings and demands for immediate possession. Our senior attorneys have spoken regularly at continuing education seminars for condemnation lawyers, appraisers, right-of-way experts and others involved in condemnation matters.
Land Use, Zoning and Regulatory Entitlements
Our attorneys handling land use and zoning matters serve commercial, industrial and residential developers; renewable energy project developers, municipalities and other government entities, as well as; brokers, lenders and borrowers. They work with government entities at all levels, as well as, Indian communities on a broad variety of land use and zoning matters. .
Our attorneys advise clients with respect to state land entitlements; amendments to city and town general plans and county comprehensive plans; approval and adoption of plan amendments (both text and map); adoption and modification of area plans and,, comprehensive master plans (PADs, PUD’s, RUPDs, CUPDs); negotiation, drafting and approval of development agreements, annexation and pre-annexation agreements, economic incentive agreements, and the creation and application of overlay zoning districts, approval and amendment of existing zoning districts; adoption and approval of site plans, preliminary plats, final plats, use permits, special use permits, sign permits and comprehensive sign packages; as well as opposition and challenges to zoning and rezoning applications. Our attorneys also bring substantial experience in the pursuit of zoning code interpretations; approval and implementation of master planned developments; impact created by historic preservation districts and overlays, conservation easements, hillside overlays, and the proposal and adoption of text and ordinance amendments, formation of community facilities districts and all other aspects of the zoning and land use legislative and administrative processes.
Our development attorneys have significant experience representing clients seeking to purchase, lease and entitle lands managed by the Arizona State Land Department for purposes of residential and commercial development; to acquire easements and rights of way over State Trust Lands for purposes of streets and access roads as well as municipal and utility infrastructure lines. We also have a substantial background in analyzing and arguing State Land issues regulated by the Federal Enabling Act, the Arizona Constitution and Arizona State statutes. Representative agencies with which our attorneys routinely interfaces on land use, land exchange and property acquisition include the Bureau of Land Management, the U.S. Forest Service, state and county departments of transportation, water resources, natural resources, mining and mineral resources, flood control districts and others.