A. This article shall apply to all acquiring, displacing or lead agencies when real property or improvements thereon are acquired or are to be acquired for a project for which federal financial assistance is to defray all, or part of, the costs of such project.
B. In addition to the requirements of subsection A of this section and notwithstanding section 11-961, paragraph 5, the provisions of sections 11-963 and 11-964 shall apply to any acquiring, displacing or lead agency without action of the governing or legislative body even if no federal financial assistance is used to defray all or part of the costs of such project.
C. Except as provided in subsection B of this section, the provisions of this article may apply and be utilized by any acquiring, displacing or lead agency by action of the governing or legislative body thereof when no federal financial assistance is used to defray the costs of such project.
Notes of Decisions
City of Sedona v. Devol, 993 P.2d 1142 (Ariz. Ct. App. 1999).
· cites it 4× “Both parties read A.R.S. § 11-974 as limiting fee and cost awards pursuant to A.”
City of Casa Grande v. Arizona Water Co., 20 P.3d 590 (Ariz. Ct. App. 2001).
“Section 11-974(A), A.R.S., however, limits the applicability of § 11-972- only to those circumstances in which “real property or improvements thereon are acquired or are to be acquired for a project for which federal financial assistance is to defray all, or part of, the costs…”
Salaz v. City of Tucson, 756 P.2d 348 (Ariz. Ct. App. 1988).
“However, that statute is specifically limited by § 11-974 which provides as follows: This article may apply and be utilized by any acquiring agency by action of the governing or legislative body thereof and shall apply to all acquiring agencies when real property or improvements…”
All Am. Pipeline Co. v. Klump, 739 P.2d 828 (Ariz. Ct. App. 1987).
“First, § 11-974, titled “When provisions and benefits available,” reads: This article may apply and be utilized by any acquiring agency by action of the governing or legislative body thereof and shall apply to all acquiring agencies when real property or improvements thereon are…”
— Ariz. Rev. Stat. § 11-974(A) — 2 cases
City of Casa Grande v. Arizona Water Co., 20 P.3d 590 (Ariz. Ct. App. 2001).
“Section 11-974(A), A.R.S., however, limits the applicability of § 11-972- only to those circumstances in which “real property or improvements thereon are acquired or are to be acquired for a project for which federal financial assistance is to defray all, or part of, the costs…”
City of Sedona v. Devol, 993 P.2d 1142 (Ariz. Ct. App. 1999).
“Both parties read A.R.S. § 11-974 as limiting fee and cost awards pursuant to A.”
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