FLOOD CONTROL DIST. OF MARICOPA CTY. v. Hing

OPINION

CONTRERAS, Judge.

This appeal arises in an action to condemn property in order to construct an interceptor channel as part of the Lower Indian Bend Wash Flood Control Project. The defendants challenge the valuation date, the condemnation award, and the trial court’s refusal to award attorney’s fees and expert witness fees. We are also presented with the constitutionality of A.R.S. § 12-1127(B) (1982) which mandates that payment to a condemnee of funds paid into court by the condemnor based upon a judgment constitutes an abandonment of all defenses except the condemnee’s claim for…