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An important part of the process of designing and constructing a flood control project involves acquiring the land. The Public Works Real Estate Division is responsible for property acquisition, property management, and titles and rights-of-way.
In addition to the appraisal and acquisition of the property, the District also maintains the property until construction begins by keeping it secure and free from hazard, issuing use permits and making decisions for the best use of the property. Homes that are acquired are often leased or rented until it is time to demolish them for construction.
The Public Works Real Estate Division is also responsible for selling, leasing or auctioning the remaining pieces of land left over after a project is constructed. In addition, they sell the excess dirt excavated as part of District projects.
The District acquires land for projects under the authority of the Arizona Constitution which allows government agencies to purchase private property if it is for a public use, i.e. for flood control, transportation or water infrastructure.
Under the "Eminent Domain" provision, the District must pay the property owner "just compensation" for their home and property. "Just compensation" is normally based on the appraised value. If an agreement cannot be reached between the parties on the amount, then the court decides (condemnation procedures). In addition to paying "just compensation," the District also pays relocation assistance and must relocate the property owner to another home that is decent, sanitary and safe, as well as a comparable replacement dwelling.
On occasions, the District also initiates "voluntary property acquisition" programs. Under these programs, the District offers to purchase the homes and property of people living in high hazard flood areas, in particular floodways. These programs do not fall under the "Eminent Domain" provision. The District must pay "fair market value" for the properties, which is usually defined as the appraised value. The District also provides relocation assistance.
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