Court of Appeals of Arizona April 4, 2000, 1CA-CV 98-0684 (Tobias v. Dailey)

OPINION

FIDEL, Judge.

¶ 1 Arizona’s private condemnation statute permits a private landowner to condemn and take lands of another when the land “is so situated with respect to the land of another that it is necessary for its proper use and enjoyment to have and maintain a private way of necessity.” A.R.S. § 12-

*420

1202(A).