Tobias v. Dailey

OPINION

FIDEL, Judge.

¶ 1 Arizona’s private condemnation statute permits a private landowner to condemn and take lands of another when the land “is so situated with respect to the land of another that it is necessary for its proper use and enjoyment to have and maintain a private way of necessity.” A.R.S. § 12- 1202(A). 1 A landowner seeking to condemn a private way of necessity over the lands of another must show a “reasonable necessity” for the taking. Solana Land Co. v. Mur-phey, 69 Ariz. 117, 125, 210 P.2d 593, 598 (1949).

¶ 2 In this appeal from judgment denying Plaintiffs a private way of…