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Arizona's Eminent Domain Laws and Property Rights

Meet OCA's Arizona Attorney

Anthony H. Misseldine

Anthony Misselldine is a shareholder with JacksonWhite. He represents private property owners, tenants, and developers in all aspects of eminent domain litigation and takings. Anthony’s practice also includes business and commercial litigation, land use litigation, representation of financial institutions (loan enforcement, market valuation proceedings, and deficiency claims), and other complex commercial lawsuits. In the area of eminent domain, Anthony only represents clients with interests in the real property.

Arizona

Jackson White, P.C.
40 North Center Street Suite 200
Mesa, Arizona 85201
Tel: (480) 464-1111 | Fax: (480) 464-5692
Amisseldine@jacksonwhitelaw.com | www.jacksonwhitelaw.com

For more than 25 years, Anthony Misseldine has focused his practice on the representation of Arizona property owners in eminent domain, inverse condemnation, real estate valuation, ad valorem tax appeals, and land use & zoning proceedings. He also represents individuals and businesses in complex commercial lawsuits. Tony’s clients include individual landowners, private companies and national corporations throughout the State of Arizona. He has received the peer review rating of AV Preeminent® from Martindale-Hubbell, the leading lawyer rating and referral service.

Significant Eminent Domain and Property Rights Representations

  • Represented property owner and secured lender in condemnation actions filed by the City of Santa Clarita, California, for the construction of a regional highway. Initial offer: $558,100. Result: jury verdict of $12.3 million in compensation plus an award of attorneys’ fees and costs of $7.0 million.
  • Represented a Phoenix property owner in a condemnation by the City. Initial offer: $74,000. Result: settlement over $3.8 million in compensation to the property owner.
  • Represented a landowner in a condemnation action with the Arizona Department of Transportation (ADOT) in which the restricted access to a highway after construction. ADOT made no offer of compensation for the loss of access. Result: settlement of more than $500,000 in compensation to the landowner.
  • Represented a commercial property owner in an eminent domain taking that eliminated all front parking. The loss of parking due to condemnation was a significant factor in the national restaurant tenant terminating the lease. Result: negotiated compensation substantially in excess of the government’s initial offer.
  • Represented the owner of a mini-storage facility in a condemnation to widen the public road. The taking reduced the length of the driveway resulting in a serious safety risk to moving vans and trucks entering the facility, which blocked traffic until the security gates opened. Result: negotiated compensation to redesign the driveway, buildings and entrance, in addition to a high value for the land taken.
  • Represented the owner of a veterinary clinic in eminent domain proceedings which required the acquisition of most of the parking spaces in front of the clinic and precluded deliveries from large commercial vehicles. Result: successfully resolved claims for compensation in excess of the government’ s offer.
  • Represented a homeowner in a taking for a power substation. Result: negotiated the relocation of the substation to the back of the property to minimize visual and aesthetic impacts, in addition to compensation.
  • Successfully represented the owner of a large tract of agricultural land in a condemnation to acquire a 300 foot easement for high-voltage towers and power lines. The property’s highest and best use was for future multi-use development. Result: the landowner received additional compensation for significant damages to the remaining property.

Professional Affiliations

  • J. Reuben Clark Law Society
  • Chandler Chamber of Commerce, Public Policy Committee
  • Land Title Association of Arizona
  • Arizona Rock Products Association
  • Arizona Cattlemen’s Association
  • Former Member, State Bar of Arizona Professionalism Committee

Education

  • Brigham Young University, Bachelors of Arts, 1984
  • Northwestern School of Law at Lewis and Clark College, Juris Doctorate, cum laude, 1987

Bar Admissions and Memberships

  • Arizona
  • Supreme Court of Arizona
  • U.S. District Court for the District of Arizona
  • U.S. Court of Appeals, Ninth Circuit
  • State Bar of Arizona

Honors and Awards

  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®

For more than 25 years, Anthony Misseldine has focused his practice on the representation of Arizona property owners in eminent domain, inverse condemnation, real estate valuation, ad valorem tax appeals, and land use & zoning proceedings. He also represents individuals and businesses in complex commercial lawsuits. Tony’s clients include individual landowners, private companies and national corporations throughout the State of Arizona. He has received the peer review rating of AV Preeminent® from Martindale-Hubbell, the leading lawyer rating and referral service.

Significant Eminent Domain and Property Rights Representations

  • Represented property owner and secured lender in condemnation actions filed by the City of Santa Clarita, California, for the construction of a regional highway. Initial offer: $558,100. Result: jury verdict of $12.3 million in compensation plus an award of attorneys’ fees and costs of $7.0 million.
  • Represented a Phoenix property owner in a condemnation by the City. Initial offer: $74,000. Result: settlement over $3.8 million in compensation to the property owner.
  • Represented a landowner in a condemnation action with the Arizona Department of Transportation (ADOT) in which the restricted access to a highway after construction. ADOT made no offer of compensation for the loss of access. Result: settlement of more than $500,000 in compensation to the landowner.
  • Represented a commercial property owner in an eminent domain taking that eliminated all front parking. The loss of parking due to condemnation was a significant factor in the national restaurant tenant terminating the lease. Result: negotiated compensation substantially in excess of the government’s initial offer.
  • Represented the owner of a mini-storage facility in a condemnation to widen the public road. The taking reduced the length of the driveway resulting in a serious safety risk to moving vans and trucks entering the facility, which blocked traffic until the security gates opened. Result: negotiated compensation to redesign the driveway, buildings and entrance, in addition to a high value for the land taken.
  • Represented the owner of a veterinary clinic in eminent domain proceedings which required the acquisition of most of the parking spaces in front of the clinic and precluded deliveries from large commercial vehicles. Result: successfully resolved claims for compensation in excess of the government’ s offer.
  • Represented a homeowner in a taking for a power substation. Result: negotiated the relocation of the substation to the back of the property to minimize visual and aesthetic impacts, in addition to compensation.
  • Successfully represented the owner of a large tract of agricultural land in a condemnation to acquire a 300 foot easement for high-voltage towers and power lines. The property’s highest and best use was for future multi-use development. Result: the landowner received additional compensation for significant damages to the remaining property.

Professional Affiliations

  • J. Reuben Clark Law Society
  • Chandler Chamber of Commerce, Public Policy Committee
  • Land Title Association of Arizona
  • Arizona Rock Products Association
  • Arizona Cattlemen’s Association
  • Former Member, State Bar of Arizona Professionalism Committee
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