12-1150. Admissibility of certain evidence before special master; effect of increased property value upon award

375 words·~2 min read·/az/title-12/12-1150

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. For the purpose of determining the value of the real property sought to be condemned and fixing just compensation therefor, the following evidence, in addition to other evidence which is relevant, material and competent, shall be admitted and considered relevant, material and competent by the special master:

1. Evidence that a building or improvement is unsafe or unsanitary or a public nuisance, or is in a state of disrepair, and of the cost to correct the condition, even though no action has been taken by local authorities to remedy the condition.

2. Evidence that any public body of the state, charged with the duty of abating or requiring the correction of nuisances or like conditions, or demolishing unsafe or unsanitary structures, issued an order directing the abatement or correction of such conditions existing with respect to the building or improvement or the demolition of the building or improvement, and of the cost which compliance with the order would entail.

3. Evidence of the last assessed valuation of the property for purposes of taxation and of affidavits or tax return made by the owner in connection with such assessment which reflect the value of the property, and income tax returns of the owner disclosing amounts deducted on account of obsolescence or depreciation of the property.

4. Evidence that the buildings and improvements are being used for illegal purposes or are so overcrowded as to be dangerous or injurious to the health, safety, morals or welfare of the occupants thereof, and the extent to which the rentals from such buildings or improvements are enhanced by reason of such use.

5. Evidence of the price and other terms upon a sale or the rent reserved and other terms of a lease or tenancy relating to the property or to similar property in the vicinity when the sale or leasing occurred or the tenancy existed within a reasonable time of the hearing.

B. The award of compensation shall not be increased by reason of an increase in the value of the property resulting from the public works project to be placed thereon.

C. No allowance shall be made for improvements begun on property after publication of the notice specified in section 12-1145, except upon good cause being shown.