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Real Property
Eminent Domain
Just Compensation

United States of America v. 4.0 Acres of Land; Allan J. Norville and Alfena A. Norville, husband and wife; City of Tucson, Pima County, et al.

Published: Feb. 21, 1998 | Result Date: Nov. 14, 1997 | Filing Date: Jan. 1, 1900 |

Case number: CV95763 Verdict –  $8,389,100

Judge

Jack D. Shanstrom

Court

D AZ


Attorneys

Plaintiff

David Palastrant

Eric E. Williams


Defendant

Gerald Maltz

G. Lawrence Schubart


Experts

Plaintiff

Anne Lloyd Jones
(technical)

Gene Dilmore
(technical)

Jay Vance
(technical)

Defendant

Herb Havins
(technical)

Donald Duncan
(technical)

Facts

In October 1995, plaintiff condemned four acres at the southwest corner of Congress and Granada to build a new U.S. Courthouse in downtown Tucson. The plaintiff contended just compensation for the property was $1.9 million. The defendants Allan and Alfena Norville, the owners, contended that the corner was a prestige location and the most valuable part of a larger, 11-acre parcel aross the street. Further, they contended, through their experts, that the property's highest and best use was for mixed use development, including a hotel, and not just for long-term investment as alleged by the government. The defendants contended that just compensation was $9.9 million to $11.3 million.

Settlement Discussions

Defendants made a settlement demand for $5.9 million. Plaintiff made no offer.

Damages

The plaintiff claimed just compensation was $1.9 million. Defendants claimed just compensation was $9.9 million to $11.3 million.

Other Information

The verdict was reached approximately two years after the case was filed.

Deliberation

4-6 hrs

Length

two weeks


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