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Foothills Reserve, Arizona Eminent Domain Judgment

Settlement Structure: Claims Made

Active: Open

Case Summary:

This judgment pertains to the State of Arizona’s taking of part of the common areas of Foothills Reserve via eminent domain for the construction of the Loop 202 South Mountain Freeway. The Foothills Reserve Master Owners’ Association, Inc. (the homeowners’ association or HOA) asserted damage claims on behalf of 589 homeowners for the diminishment of the value of their property, because of things like noise, pollution, loss of view, and unsightliness. The State claimed it was not liable for these damages. The judgment found in favor of the homeowners, but it has been appealed and therefore is not fully resolved yet.

Docket Number:

CV2017-010359

Company: Arizona, State of

Filing Deadline: October 20, 2022

Class Period: July 3, 2018

Objection Deadline: June 20, 2022

Final Approval Hearing: June 30, 2022

Proof of Purchase:

You must submit a deed proving you own a home in the Foothills Reserve subdivision along with your Claim Form.

Eligibility:

You may be eligible if you owned a home in the Foothills Reserve subdivision on July 3, 2018.

Typical Settlement Amount:

The court awarded the subdivision $18 million plus interest. If the full amount is awarded, homeowners (except for one) will be awarded amounts ranging from $3,250 to $54,250, with the vast amount being between $3,250 and $12,000.

However, the case is being appealed. If the State of Arizona wins its appeal, it shall be liable only for its $6 million initial payment. If the appellate court decides in favor of the HOA, then a second distribution will be done for the additional $12 million.

Total Settlement Amount: $18,000,000

Class Representative Proposed Incentive Fee:

Law Firm:
Zeitlin & Zeitlin, PC

Claim Form: Foothills Reserve Judgment Claim Form

Case Name: State of Arizona ex rel., John Halikowski, Director, Department of Transportation v. Foothills Reserve Master Owners’ Association, Inc.

Settlement Website: Foothills Reserve Judgment Website

Claims Administrator:
ILYM Group, Inc.

Claims Administrator Contact Information:

ILYM Group, Inc
P.O. Box 2031
Tustin, CA 92781
888-250-6810

Tags: Causing damage, Eminent Domain, Real Estate