The Arizona Supreme Court has ruled a group of Phoenix-area homeowners can get additional compensation of about $17 million for the condemnation of easements tied to their land to make way for the Loop 202 South Mountain Freeway.
Nearly 600 property owners in the Foothills Reserve Master Owners Association sought cash for the loss of common areas and the resulting drop in their property values due to how close the freeway is to their homes.
The court affirmed common area buffers, condemned in 2017, were part of the homeowners’ property interest and that taking away that aspect of their property interest justified additional compensation.
It’s an additional almost $29,000 per homeowner. The group previously received $7 million, or about $12,000 each. In addition, the homeowner association has already received $6.5 million from the state, said the property owners’ attorney, Dale Zeitlin.
The Supreme Court’s Tuesday decision vacates a Court of Appeals ruling in 2023 that limited severance damages to cases where physical land is taken.
Need a break? Play the USA TODAY Daily Crossword Puzzle.
The ruling ensures property owners are compensated for losses that reduce their property’s values, including the loss of easements, according to the Supreme Court.
