§ 12-1123 — Accrual of right to compensation and damages; limitation

Arizona § 12-1123

• Jurisdiction: Arizona
• Title 12: Arizona Revised Statutes
• Ch. 8: SPECIAL ACTIONS AND PROCEEDINGS RELATING TO PROPERTY
• Art. 2: Eminent Domain

Text

A. For the purpose of assessing compensation and damages, the right to compensation and damages shall be deemed to accrue at the date of the summons, and its actual value at that date shall be the measure of compensation and damages.

B. If there is an order for immediate possession before the final judgment, the compensation and damages awarded shall draw interest from the date the order is entered by the court. If the defendant is allowed to withdraw money deposited by the plaintiff pursuant to section 12-1116, subsection M, the defendant is entitled to interest on the money that the defendant is allowed to withdraw from the date the order for immediate possession is signed by the court until the date of the withdrawal.

C. No improvements placed upon the property subsequent to the date of service of the summons shall be included in the assessment of compensation or damages.

D. If an order is made letting plaintiff into possession before the recording of the final order of condemnation, the plaintiff shall record the order in the office of the county recorder of the county or counties in which the property is located and on the recording so much of the defendant's property as is affected by the order shall immediately be granted tax exempt status for future tax rolls and any unpaid property taxes that have been levied, including penalties and interest, on the property shall be paid to the county treasurer in the county in which the property is located pursuant to section 12-1116.