11-973. Buildings, structures and improvements
299 words·~1 min read·
/az/title-11/11-973A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Notwithstanding any other provision of law, if the acquiring agency acquires any interest in real property, it shall also acquire the same interest in all buildings, structures or other improvements located upon the real property so acquired and which will be removed from such real property or which will be adversely affected by the use to which such real property will be put.
B. For the purpose of determining the just compensation to be paid for any building, structure or other improvement required to be acquired by subsection A, such building, structure or other improvement shall be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure or improvement at the expiration of his term, and the fair market value which such building, structure or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement, for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.
C. Payment under this section shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer and release to the acquiring agency all his right, title and interest in and to such improvements. Nothing in this section shall be construed to deprive the tenant of any rights to reject payment under this section and to obtain payment for such property interests in accordance with applicable law, other than this section.