State v. foothills/hanke

Summary

The court held that Arizona's severance-damages statute applies when the State condemns appurtenant easements without taking the homeowners' physical land. Because an appurtenant easement is part of the dominant estate, its condemnation severs part of a larger parcel and permits recovery for resulting proximity damages. The court vacated the court of appeals' decision and affirmed the superior court's judgment allowing the homeowners to pursue those damages.