Arizona Daily Star's Road Runner Blog Reminds Citizens to Abide by Notice of Claim Statute

I am a huge fan of the Arizon Daily Star's road construction and project blog, the Road Runner. This edition contains a subtle reminder that injured people who have potential claims against most Arizona government agencies are required to file a notice of claim before bringing a lawsuit. 

In Arizona, an injured claimant must file a notice of claim "within one hundred eighty days after the cause of action accrues." 

180 days does not seem a long time to file a claim. It isn't. I believe the notice of claim statute is too burdensome and should be changed. However, it is (oddly) an improvement: Until 1963, Arizona followed the principal of sovereign immunity, which barred all lawsuits against the state.  

Arizona Government entities, and in particular counties, have learned over time just how powerful the notice of claim statute is. Any claim that is not filed correctly is completely "barred and no action may be maintained thereon."

My experience with the notice of claim statute has been that courts are very divided when applying the law. If you believe you have been injured by a government entity, do not delay in seeking help navigating the complicated notice of claim process.  

Border Property Owners Could Have Valuable Inverse Condemnation Claims Against the Border Patrol

There is an update to this post here. 

The United States Court of Appeals, Federal Circuit, determined in 2012 that the Border Patrol's placement of underground sensors on private San Diego property to track cross-border traffic was a permanent physical taking. This is an example of how property owners can use an inverse condemnation lawsuit to enforce their rights under the Fifth Amendment to the United States Constitution. 

The men and women of the United States Border Patrol have a difficult job to do. However, government agencies are not permitted to perform their jobs in a way that ignores basic civil liberties like the Fifth Amendment protection against taking of property without just compensation. The Court of Appeals determined that the placement of the underground sensors was, indeed, a taking.

It is important to note that, seemingly paradoxically, the Border Patrol wanted the Court to determine the taking was permanent rather than temporary because the amount of damages for which the Border Patrol was liable was less if the taking were permanent. However, the lesson of the Otay Mesa case is that physically invasive Border Patrol activities can constitute a taking for which property owners are owed compensation. If you believe the Border Patrol has physically invaded your property without compensating you, I can help you evaluate your possible claims. 

Grant Road Property Residential Property Owners in Tucson Experiencing Effects of Condemnation Blight

I was saddened to read this story about two Grant Road homeowners, Javier and Rebecca Garcia, in the Tucson Weekly. Often, property owners in the path of future public works projects - like the Grant Road widening - experience condemnation blight.

 Will the sale of this property be used as comparable data to derive the fair market value of currently-operating businesses on Grant Road?

Condemnation blight is the  phenomenon of property devaluation that occurs prior to the official taking of property because buyers in the real estate market are unwilling to pay fair market value for properties that will be taken for a public purpose 10 or 15 years in the future. When properties eventually are officially condemned, sometimes government agencies are tempted to use blighted sales - sales of property in the path of the project that are below market value because of the impending project. 

Broadway Boulevard owners can surely relate to the Garcias: the current Broadway Boulevard widening plan has been in place since 1986. One can see the effects of blight on Broadway on the north side of the street between Euclid and Campbell Avenue.

Residential property owners and commercial property owners both face difficult decisions when the greedy appetites of government planners cast a pall on properties far in advance of the actual acquisition date. Acquisition of the Garcia's property is "years in the future," according to the Weekly - maybe not until 2017 or beyond. Hopefully those affected by blight will have an advocate who understands blight and can use the legal tools available to obtain just compensation for Grant Road and Broadway Boulevard properties.