Arizona Revised Statutes

Ariz. Rev. Stat. § 11-972 (2026)

Litigation expenses

✓ current as of May 2026

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A. The court having jurisdiction of a proceeding instituted by an acquiring agency to acquire real property by condemnation shall award the owner of any right to, title to or interest in the real property an amount that will reimburse the owner for the owner's reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings if any of the following occurs:

1. The final judgment is that the acquiring agency cannot acquire the real property by condemnation.

2. The proceeding is abandoned or dismissed on a motion by the acquiring agency.

B. If an inverse condemnation proceeding is initiated by the owner of any right, title or interest in real property because of the alleged physical taking of the owner's property for any public purpose, the court that renders judgment for the plaintiff in the proceeding and that awards compensation for the physical taking of property, or the acquiring agency that effects a settlement of any such proceedings, shall determine and award or allow to the plaintiff as a part of the judgment or settlement an amount that, in the opinion of the court or the acquiring agency, will reimburse the plaintiff for the plaintiff's reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of the proceeding.

Notes of Decisions

Cited in 10 cases, 1987–2010 · leading case: City of Casa Grande v. Arizona Water Co., 20 P.3d 590 (Ariz. Ct. App. 2001).

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City of Casa Grande v. Arizona Water Co., 20 P.3d 590 (Ariz. Ct. App. 2001). · cites it 10× “¶ 5 AWC subsequently sought an award of its attorney’s fees and costs, pursuant to A.R.S. § 11-972, which mandates awarding fees under certain circumstances if a governmental body has failed in its attempt to condemn real property.”

City of Sedona v. Devol, 993 P.2d 1142 (Ariz. Ct. App. 1999). · cites it 15× “Abandonment of Proceedings ¶ 11 The statutory source of appellants’ claim is A.R.S. § 11-972. In pertinent part, A.R.S.”

Dos Picos Land Ltd. P'ship v. Pima Cnty., 240 P.3d 853 (Ariz. Ct. App. 2010). · cites it 10× “2 Rather, the court's ruling that Dos Picos was entitled to its expenses under § 11-972 rested on its finding that a taking, generally, had occurred.”

Salaz v. City of Tucson, 756 P.2d 348 (Ariz. Ct. App. 1988). · cites it 5× “Fair-field also agreed to pay 50% of the construction costs. We refuse to accept Sa-laz’s suggestion that the trial court must have presumed that, since a part of the project involved street work on Speedway Boulevard, federal funds would be involved.”

Pima Cty. v. McCarville Ex Rel. Pinal Cty., 231 P.3d 370 (Ariz. Ct. App. 2010). · cites it 6× “Entitled "Litigation expenses,” § 11-972 provides in part: B. If an inverse condemnation proceeding is initiated by the owner of any right, title or interest in real property because of the alleged physical taking of the owner’s property for any public purpose, the court that…”

City of Phoenix v. Superior Court, 762 P.2d 128 (Ariz. Ct. App. 1988). · cites it 2× “§ 9-518, and inverse condemnation, see A.R.S. § 11-972 and A.R.S. § 12-1111 et seq.”

All Am. Pipeline Co. v. Klump, 739 P.2d 828 (Ariz. Ct. App. 1987). · cites it 4× “Appellee first seeks to sustain the award under the provisions of A.R.S. § 11-972(A). That section reads: The court having jurisdiction of a proceeding instituted by an acquiring agency to acquire real property by condemnation shall award the owner of any right, or title to, or…”

Dos Picos Land Ltd. P'ship Shepard v. Pima Cnty. (Ariz. Ct. App. 2010). · cites it 10× “2 Rather, the court‟s ruling that Dos Picos was entitled to its expenses under § 11-972 rested on its finding that a taking, generally, had occurred.”

Dos Picos Land Ltd. v. Pima Cnty., 238 P.3d 141 (Ariz. Ct. App. 2010). · cites it 10× “[1] Rather, the court's ruling that Dos Picos was entitled to fees under § 11-972 rested on its finding that a taking, generally, had occurred.”

Pima Cnty. v. Dos Picos Land Ltd. P'ship Shepard, Et Ux. (Ariz. Ct. App. 2010). · cites it 6× “The County has not challenged the 3 Entitled “Litigation expenses,” § 11-972 provides in part: B. If an inverse condemnation proceeding is initiated by the owner of any right, title or interest in real property because of the alleged physical taking of the owner’s property for…”

— Ariz. Rev. Stat. § 11-972(A) — 4 cases

City of Sedona v. Devol, 993 P.2d 1142 (Ariz. Ct. App. 1999). “Abandonment of Proceedings ¶ 11 The statutory source of appellants’ claim is A.R.S. § 11-972. In pertinent part, A.R.S.”

City of Casa Grande v. Arizona Water Co., 20 P.3d 590 (Ariz. Ct. App. 2001). “¶ 5 AWC subsequently sought an award of its attorney’s fees and costs, pursuant to A.R.S. § 11-972, which mandates awarding fees under certain circumstances if a governmental body has failed in its attempt to condemn real property.”

Salaz v. City of Tucson, 756 P.2d 348 (Ariz. Ct. App. 1988). “Fair-field also agreed to pay 50% of the construction costs. We refuse to accept Sa-laz’s suggestion that the trial court must have presumed that, since a part of the project involved street work on Speedway Boulevard, federal funds would be involved.”

All Am. Pipeline Co. v. Klump, 739 P.2d 828 (Ariz. Ct. App. 1987). “Appellee first seeks to sustain the award under the provisions of A.R.S. § 11-972(A). That section reads: The court having jurisdiction of a proceeding instituted by an acquiring agency to acquire real property by condemnation shall award the owner of any right, or title to, or…”

— Ariz. Rev. Stat. § 11-972(B) — 6 cases

Dos Picos Land Ltd. P'ship v. Pima Cnty., 240 P.3d 853 (Ariz. Ct. App. 2010). “2 Rather, the court's ruling that Dos Picos was entitled to its expenses under § 11-972 rested on its finding that a taking, generally, had occurred.”

Pima Cty. v. McCarville Ex Rel. Pinal Cty., 231 P.3d 370 (Ariz. Ct. App. 2010). “Entitled "Litigation expenses,” § 11-972 provides in part: B. If an inverse condemnation proceeding is initiated by the owner of any right, title or interest in real property because of the alleged physical taking of the owner’s property for any public purpose, the court that…”

Dos Picos Land Ltd. P'ship Shepard v. Pima Cnty. (Ariz. Ct. App. 2010). “2 Rather, the court‟s ruling that Dos Picos was entitled to its expenses under § 11-972 rested on its finding that a taking, generally, had occurred.”

Dos Picos Land Ltd. v. Pima Cnty., 238 P.3d 141 (Ariz. Ct. App. 2010). “[1] Rather, the court's ruling that Dos Picos was entitled to fees under § 11-972 rested on its finding that a taking, generally, had occurred.”

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