Arizona § 12-1113 Estates in land subject to condemnation

Arizona Statutes

§ 12-1113 — Estates in land subject to condemnation

Arizona § 12-1113

Title 12Arizona Revised Statutes

Ch. 8SPECIAL ACTIONS AND PROCEEDINGS RELATING TO PROPERTY

Art. 2Eminent Domain

This text of Arizona § 12-1113 (Estates in land subject to condemnation) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 12-1113 (2026).

Text

The interests, estates and rights in lands subject to be taken for public use, are:

1.A fee simple, when taken for public buildings or grounds or for permanent buildings, for use in connection with a right-of-way or for an outlet for the flow or a place for the deposit of tailings or refuse from a mine or for irrigating ditches. A leasehold interest in a building may be taken only if the underlying property is taken in fee title or easement.

2.An easement when taken for any use other than those set forth in paragraph 1.

3.A right of entry on and occupation of lands, and the right to take from the lands earth, gravel, stone, trees and timber necessary for a public use.

4.A use in the water of a stream, river or spring.

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The interests, estates and rights in lands subject to be taken for public use, are:

1. A fee simple, when taken for public buildings or grounds or for permanent buildings, for use in connection with a right-of-way or for an outlet for the flow or a place for the deposit of tailings or refuse from a mine or for irrigating ditches. A leasehold interest in a building may be taken only if the underlying property is taken in fee title or easement.

2. An easement when taken for any use other than those set forth in paragraph 1.

3. A right of entry on and occupation of lands, and the right to take from the lands earth, gravel, stone, trees and timber necessary for a public use.

4. A use in the water of a stream, river or spring.