Inverse Condemnation Complaint - Arizona

COMPLAINT FOR INVERSE CONDEMNATION — ARIZONA

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. Compliance with Notice of Claim and Limitations
4. Background Facts
5. Count I — Inverse Condemnation / Taking or Damaging (Ariz. Const. art. 2, § 17)
6. Count II — Regulatory Taking (Optional)
7. Count III — Federal Taking (Fifth and Fourteenth Amendments) (Optional)
8. Damages and Just Compensation
9. Prayer for Relief
10. Demand for Trial by Jury
11. Verification
12. Signature and Service Blocks
13. Certificate of Service
14. Arizona Practice Notes
15. Sources and References

1. CAPTION

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [COUNTY NAME]

NO. [________________________________]

COMPLAINT FOR INVERSE CONDEMNATION

Plaintiff alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

2.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is [an individual residing in / a [entity type] organized under the laws of] [COUNTY/STATE] and owns the real property located at [ADDRESS / LEGAL DESCRIPTION] in [COUNTY] County, Arizona (the "Subject Property"), more particularly described in Exhibit A.

2.2. Defendant [GOVERNMENTAL ENTITY] ("Defendant") is a [the State / county / municipality / public entity / district / public service corporation] authorized to exercise the power of eminent domain under A.R.S. § 12-1111 et seq.

2.3. This Court has subject-matter jurisdiction pursuant to Ariz. Const. art. 6, § 14, and over the constitutional claim arising under Ariz. Const. art. 2, § 17.

2.4. Venue is proper in this County because the Subject Property is located here. See A.R.S. § 12-401(12) (actions affecting real property tried in county where property lies).

3. COMPLIANCE WITH NOTICE OF CLAIM AND LIMITATIONS

3.1. On or about [__/__/____], within 180 days after the cause of action accrued, Plaintiff served a notice of claim on Defendant in compliance with A.R.S. § 12-821.01, stating the facts and a specific amount for which the claim could be settled. Defendant [denied the claim / failed to act within 60 days, deeming it denied].

3.2. This action is timely commenced within the applicable limitations period:

☐ Within one (1) year of accrual under A.R.S. § 12-821 (inverse condemnation against a public entity); or

☐ Within two (2) years of accrual under A.R.S. § 28-7052 (property taken or damaged in or for construction of a public highway or airport).

3.3. The cause of action accrued on [__/__/____], when Plaintiff discovered or reasonably should have discovered the taking or damage.

4. BACKGROUND FACTS

4.1. Plaintiff owns the Subject Property in [fee simple / other interest], which prior to the events below had a fair market value of approximately $[AMOUNT] and was used for [USE].

4.2. On or about [__/__/____], in connection with [PUBLIC PROJECT — e.g., freeway, flood control, drainage, utility, public facility], Defendant [DESCRIBE GOVERNMENTAL ACTION].

4.3. As a direct and proximate result, Plaintiff's property has been:

☐ Physically invaded or occupied

☐ Physically damaged by a public improvement

☐ Subjected to flooding, diversion of stormwater, landslide, or altered drainage

☐ Deprived of or substantially impaired in access

☐ Damaged by unreasonable precondemnation conduct or delay

☐ Restricted by regulation eliminating economically viable use

☐ Other: [________________________________]

4.4. Defendant's actions were for a public use, namely [PUBLIC PURPOSE].

4.5. Defendant has not filed a condemnation action and has not paid just compensation.

5. COUNT I — INVERSE CONDEMNATION / TAKING OR DAMAGING (Ariz. Const. art. 2, § 17)

5.1. Plaintiff incorporates paragraphs 2.1 through 4.5.

5.2. Ariz. Const. art. 2, § 17 provides that "[n]o private property shall be taken or damaged for public or private use without just compensation having first been made," and that "[w]henever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question," with compensation "ascertained by a jury, unless a jury be waived."

5.3. Defendant's actions effected a taking of, or damage to, Plaintiff's property for a public use without payment of just compensation and without formal condemnation.

5.4. Because Arizona's clause expressly compensates property that is "damaged," Plaintiff is entitled to compensation even if Defendant's conduct does not amount to a complete appropriation.

5.5. Plaintiff is entitled to just compensation, including any severance damages to the remainder, in an amount to be proven at trial, together with interest from the date of taking.

6. COUNT II — REGULATORY TAKING (OPTIONAL)

6.1. Plaintiff incorporates paragraphs 2.1 through 5.5.

6.2. A governmental regulation may effect a compensable taking under Ariz. Const. art. 2, § 17 where it deprives the owner of all economically viable use, fails to substantially advance a legitimate state interest, or so interferes with reasonable investment-backed expectations as to constitute a taking.

6.3. Defendant's regulation/restriction described above effected such a taking of the Subject Property.

6.4. Plaintiff is entitled to just compensation for the regulatory taking.

7. COUNT III — FEDERAL TAKING (FIFTH AND FOURTEENTH AMENDMENTS) (OPTIONAL)

7.1. Plaintiff incorporates paragraphs 2.1 through 6.4.

7.2. The Fifth Amendment, applicable to the States through the Fourteenth Amendment, prohibits the taking of private property for public use without just compensation.

7.3. Defendant's conduct constitutes a [physical taking under Cedar Point Nursery v. Hassid, 141 S. Ct. 2063 (2021) / a categorical taking under Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992) / a partial taking under Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978)].

7.4. Under Knick v. Township of Scott, 139 S. Ct. 2162 (2019), Plaintiff may pursue this claim without first exhausting state remedies.

8. DAMAGES AND JUST COMPENSATION

8.1. As a result of Defendant's taking or damaging, Plaintiff has suffered damages:

8.2. Compensation and severance damages are measured under A.R.S. § 12-1122, "irrespective of any benefit" from the improvement, consistent with Ariz. Const. art. 2, § 17.

8.3. Plaintiff is entitled to interest on just compensation from the date of taking, [__/__/____], to the date of payment.

8.4. Plaintiff seeks attorney's fees, appraisal and expert fees, and costs as permitted by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

1. ☐ Adjudge that Defendant has taken or damaged Plaintiff's property for public use within the meaning of Ariz. Const. art. 2, § 17;

2. ☐ Award just compensation, including severance damages, in an amount determined by the jury, but not less than $[____________];

3. ☐ Award interest from the date of taking, [__/__/____], and post-judgment interest at the legal rate;

4. ☐ Award attorney's fees, appraisal and expert fees, and costs as permitted by law;

5. ☐ Award such other and further relief as the Court deems just and proper.

10. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all issues so triable, and specifically that just compensation be ascertained by a jury as required by Ariz. Const. art. 2, § 17. See Ariz. R. Civ. P. 38.

11. VERIFICATION

STATE OF ARIZONA

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], declare under penalty of perjury that I am the Plaintiff (or authorized representative) in this action, that I have read the foregoing Complaint, and that the facts alleged therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Arizona.

[________________________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], State Bar of Arizona No. [________]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a copy of the foregoing COMPLAINT FOR INVERSE CONDEMNATION was served on Defendant in accordance with Ariz. R. Civ. P. 4 and 4.1 by [process server / certified mail / electronic service], addressed as follows:

[SERVICE LIST — for the State, serve the Attorney General per Ariz. R. Civ. P. 4.1(h); for a county or municipality, serve the clerk/chief officer per Rule 4.1(i)]

[________________________________]

[ATTORNEY NAME]

14. ARIZONA PRACTICE NOTES

• Constitutional basis. Ariz. Const. art. 2, § 17 reaches property "taken OR DAMAGED for public OR private use," makes public-use a judicial question, and requires that compensation be "ascertained by a jury" unless waived.
• Notice of claim and limitations (critical). Inverse condemnation against a public entity has been held subject to the one-year limitations period of A.R.S. § 12-821 and the 180-day notice-of-claim requirement of A.R.S. § 12-821.01. Flood Control Dist. of Maricopa County v. Gaines, 202 Ariz. 248 (App. 2002). A separate two-year period applies to property taken or damaged in/for construction of a public highway or airport under A.R.S. § 28-7052. Calendar the shortest applicable deadline immediately; a missed notice of claim usually bars the suit.
• Accrual. A claim accrues when the plaintiff discovers or reasonably should have discovered the taking or damage. Continuing or recurrent harms (e.g., recurring flooding) raise fact-specific accrual questions.
• Severance damages. Severance damages to the remainder are recoverable, and are available even where only an appurtenant easement is condemned. State v. Foothills Reserve Master Owners Ass'n (Hanke) (Ariz. Jan. 28, 2025).
• Regulatory takings / Prop. 207. Arizona recognizes regulatory takings under § 17, and separately provides a statutory diminution-in-value remedy under the Private Property Rights Protection Act (Prop. 207, A.R.S. § 12-1131 et seq.) for certain land-use law changes, with its own claim procedures.
• Court / venue. File in the Superior Court of the county where the property lies (A.R.S. § 12-401(12)). Formal condemnation procedure is in A.R.S. § 12-1111 et seq.
• Attorney's fees. Fee recovery against the State or a public entity may be available (e.g., A.R.S. § 12-348, § 12-1130, and related authority); analyze the operative basis and any offer-of-judgment/§ 12-341.01 effects.
• Jury / valuation. The Constitution requires jury ascertainment of compensation; preserve the jury demand.

15. SOURCES AND REFERENCES

• Ariz. Const. art. 2, § 17 — https://www.azleg.gov/const/2/17.htm
• A.R.S. § 12-1111 et seq. (eminent domain) — https://www.azleg.gov/arsDetail/?title=12
• A.R.S. § 12-1122 (compensation; severance damages)
• A.R.S. § 28-7052 (highway/airport takings limitation) — https://www.azleg.gov/ars/28/07052.htm
• A.R.S. § 12-821, § 12-821.01 (limitations; notice of claim)
• A.R.S. § 12-1131 et seq. (Private Property Rights Protection Act / Prop. 207)
• Flood Control Dist. of Maricopa County v. Gaines, 202 Ariz. 248 (App. 2002)
• State v. Foothills Reserve Master Owners Ass'n (Hanke), Ariz. Sup. Ct. (Jan. 28, 2025) — https://www.azcourts.gov/
• Knick v. Township of Scott, 139 S. Ct. 2162 (2019)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Arizona must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.