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A property owner shall file a written demand for just compensation with the city clerk where it is alleged that a new land use law has been enacted by the city which directly regulates and diminishes the fair market value of their property. The provisions, definitions and published judicial interpretations of A.R.S. § 12-1134 are incorporated herein by this reference.

(A) Only the fee title owner(s) may file a claim. The owner shall have the burden of proof on the issue of diminution in value of the property. Claims shall be filed in accordance with the requirements of A.R.S. §§ 12-821.01 and 12-1134 and this section.

(B) Documentation required from owners:

(1) Legal description and street address of the property;

(2) Identification of all of the legal owners of the property. A description of the legal interest held and evidence of ownership showing the date the ownership interest was acquired. If there are multiple owners a description of the interest held by each owner and claimant. If property is held in trust, owned by a corporation, partnership, LLC or LLP, a statement whether the claim is filed on behalf of the trust, corporation, partnership, LLC, LLP individual(s), partners (or both);

(3) Identification of the city land use law which the property owner alleges diminishes the value of his land including a description of the desired use of the property, how the regulation restricts the desired use of the property and how the land use law reduces the fair market value of the property;

(4) All documentation in support of the claim of diminished value. The actual amount of diminution in value shall be stated and the complete support thereof shall be required. Attach an appraisal and all other documentary evidence which supports the claim together with written permission from the claimant and all owners to enter the property to appraise it and verify information in the claim;

(5) The claim shall set forth a specific amount of just compensation the claimant demands;

(6) Claims shall contain a sworn, notarized statement signed by the claimant attesting that the information contained in the claim is accurate and correct. (Ord. No. 2007-02, § 1, 1-16-07. 1976 Code § 3-3-4)