Uvodich v. Arizona Bd. of Regents
In Uvodich v. Arizona Bd. of Regents, 9 Ariz. App. 400, 453 P.2d 229 (1969), the property owners asserted that the Board of Regents caused their property to depreciate in value prior to condemnation by acquiring other property in the area as part of a University of Arizona expansion which flooded the area with parking lots and sites for University buildings. Id. at 404, 453 P.2d at 233.
The Court rejected the argument that such "depreciation in value" was recoverable in an inverse condemnation case under the "damaged" language of the constitution. Id. at 404-05, 453 P.2d at 233-34.
The court noted that the word "damage" must be interpreted narrowly when determining what constitutes "damages" in the constitutional sense. Id.
While the court recognized that tenant vacancies, increases in crime, and general disrepair incident to an urban expansion or redevelopment program could result in economic losses to a property owner, the court held that such damages were not "'damage' within the purview of Art. 2, 17." Id. at 405, 453 P.2d at 234.
The court further noted that its decision was in accord with the general rule in the country. Id.