Arizona Revised Statutes

Ariz. Rev. Stat. § 36-1478 (2026)

Eminent domain

✓ current as of May 2026

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A. A municipality may acquire by condemnation any interest in real property, including a fee simple title to that real property, that it deems necessary for or in connection with a redevelopment project under this article, after the adoption by the local governing body of a resolution declaring that the acquisition of the real property described in that resolution is necessary for those purposes.

B. Before a municipality may initiate a condemnation action it must make a good faith effort to negotiate the purchase of the property. If the municipality determines that it cannot acquire the property without the use of a condemnation action it must notify the property owner of the time, date and location of the public meeting concerning the municipality's proposed action. The municipality must provide this notice by certified mail to the property owner's address as stated on the most recent records of the county assessor.

C. The governing body of a municipality must authorize the condemnation of real property by a vote of at least two-thirds of its members.

D. A municipality may exercise the power of eminent domain in the manner provided in articles 2 or 3 of chapter 8, title 12, or in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.

E. Property already devoted to a public use may be acquired in like manner, but real property belonging to this state or any political subdivision of this state shall not be acquired without its consent.

Notes of Decisions

Cited in 3 cases, 1983–1991 · leading case: City of Tempe v. Fleming, 815 P.2d 1 (Ariz. Ct. App. 1991).

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City of Tempe v. Fleming, 815 P.2d 1 (Ariz. Ct. App. 1991). · cites it 2× “02 (power to eliminate a nonconforming use by condemnation); 5 A.R.S. § 36-1478 (power to condemn for slum clearance and redevelopment purposes).”

City of Phoenix v. Superior Court, 671 P.2d 387 (Ariz. 1983). · cites it 3× “” A.R.S. § 36-1478. To help in the process, the legislature has declared that there exist within our municipalities “slum and blighted areas,” that these are “a serious and growing menace, injurious and inimical to the public health, safety, morals and welfare” (A.”

City of Phoenix v. Super. Ct., Maricopa Co., 671 P.2d 387 (Ariz. 1983). · cites it 3× “" A.R.S. § 36-1478. To help in the process, the legislature has declared that there exist within our municipalities "slum and blighted areas," that these are "a serious and growing menace, injurious and inimical to the public health, safety, morals and welfare" (A.”

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