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1 (1963)

handle is hein.sag/sagaz0085 and id is 1 raw text is: Opinion No. 64-1 R-42 December 16, 1963 REQUESTED BY: HONORABLE D.L. GREER Apache County Attorney OPINION BY: ROBERT W. PICKBELL The Attorney General QUESTION: Does a county or municipal corporation have author- ity to condemn a parcel of lafld owned by the State of Arizona which is not being used for any specific purpose ? ANSWER: No. The Arizona Revised Statutes fail to specifically grant to a county or a municipal corporation the power to condemn property be- longing to the State of Arizona. A.R.S. §12-1111 does give the power of eminent domain to counties, cities, towns and subdivisions, but such power is limited to condemning private property and is not extended to condemning State property devoted to public use. A.R.S. §12-1112 on the other hand does allow condemning of private proper- ty which is appropriated to a public use. As to the question in hand, the general rule is adequately stated in 86 C.J.S. Eminent Domain, Section 86 at page 876, which states: The general accepted doctrine is that lands owned by the state cannot be taken for public use under a general power to condemn and that authority to take such power must be granted expressly or must arise from necessary impli- cation. This doctrine is especially applica- ble when the land is in actual use by the state for a public purpose, and it is sought to be condemned for another, and inconsistent use. (citing cases) Also see Nichols, Eminent Domain, Section 2.2, page 132 through 135 and Section 2.23, page 182. 18 Am. Jur., Section on Eminent Domain at page 713.

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