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Court rejects compensation claims for trust land easements

10:41 AM MST on Tuesday, May 20, 2008

PHOENIX (AP) -- A new court ruling turns away claims for compensation for uses of state trust land for state highways and other public purposes.

The case stems from a 1967 U.S. Supreme Court decision that held that Arizona must get compensation for allowing use of trust land for roads or other easements.

A 2004 lawsuit filed on behalf of parents and school districts demanded that the state obtain compensation from the Arizona Department of Transportation, various counties and other holders of easements issued between 1929 and 1967.

But the state Court of Appeals on Monday granted a motion by the easement holders to dismiss the lawsuit, saying that no compensation is required because the 1967 ruling didn't apply retroactively to require compensation.

Joy Herr-Cardillo, a lawyer for the plaintiffs, said they'll ask the state Supreme Court to review the Court of Appeals ruling on the grounds that it incorrectly applied a state retroactivity standard rather than a federal one.

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The case is Mayer Unified vs. Winkleman, 2 CA-V 2007-126.

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On the Net:

Court of Appeals Division Two: http://www.apltwo.ct.state.az.us/

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