MKC Law represent clients in eminent domain, zoning, and condemnation cases throughout Arizona. Our attorneys protect the rights of our clients that they are protected and compensated for any injury to the enjoyment of their property.
Eminent domain is the power of the government to take private property and use it for public purposes. The Fifth Amendment of the United States Constitution provides that the government can use this power only if it provide just compensation to the property owners. For example, when the Valley Metro and the City of Phoenix planned light rail through the neighborhoods of north Phoenix, the city appropriated the property needed through eminent domain condemnation proceedings. When the government designates a property for public use or construction, condemnation is exercised through the power of eminent domain. There were numerous actions by property owners seeking just compensation for the loss of their property, including the loss of access, which is compensable under the Arizona Constitution.
Property owners need to work with an experienced attorney in this type of situation. Businesses may be closed and families can be forced to relocate. They should be reimbursed for the value of their property, and the eminent domain attorneys at MKC Law assist clients in attained just that. They negotiate with state, county, tribal, and local governments to successfully achieve settlements for the loss of property owners.
Zoning is the government’s process of designating the permitted uses of specific parcels of land. Typically, the municipality or county will designate several different zones for the acceptable uses of land, like industrial (light and heavy), agricultural, commercial, and residential. This designation will also decide the types of buildings that may be built in an area, such as retail and restaurants, high-density residential housing, apartment complexes, or manufacturing and factories. Zoning ordinances will stipulate maximum height restrictions, noise restrictions, and other acceptable uses.
Issues can arise, and MKC Law attorneys help clients when a government grants a variance or an exception to a designated zone. For example, a client may not want a convenience store right next to an elementary school, which may increase car traffic and present additional safety concerns. Our attorneys will represent property owners, concerned citizens, and businesses who are impacted by a proposed variance to ensure that their interests are represented and their voices are heard through the variance process.
MKC Law provides or in-depth experience in land use, zoning, eminent domain and condemnation to our clients throughout Arizona. Call us today at 602-274-9000 to discuss the details of your situation.