Title 37 — Public Lands
9 chapters · 261 sections in this title.
A.R.S. § 37-284 Conflicting short-term lease applications; preference rights
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A. A conflicting application for an existing lease for a term of not more than ten years shall be filed at least two hundred seventy days but not more than one year before the expiration date on the lease. The conflicting application must be accompanied by a list of nonremovable …
A.R.S. § 37-285 Rental rates for grazing and other lands; grazing land valuation commission; reclassification and reappraisal; definitions
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A. An agricultural, commercial or homesite lease shall provide for an annual rental of not less than the appraised rental value of the land, and never less than five cents per acre per year. The rental provided in such leases is subject to adjustment each year. B. A grazing lease…
A.R.S. § 37-286 Execution of leases by land department; covenants; assignment of lease by lessee
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A. Leases shall be signed by the commissioner and sealed with the seal of the state land department, and shall contain covenants that the lessee will not permit any loss, cause any waste in or upon the land, or cut, waste or allow to be cut or wasted, any timber or standing trees…
A.R.S. § 37-286.01 Duty to exclude unauthorized livestock bond; damages; injunction
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A. Notwithstanding the provisions of title 3, chapter 11, article 8, if the commissioner leases land located within the boundaries of a fenced range to a person other than the prior state grazing lessee, the new lessee shall exclude unauthorized livestock grazing by fencing the e…
A.R.S. § 37-287 Reservation of rights in state land leases
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A. Unless the rights and interests described in this section are specifically included in a particular lease, all leases of state lands shall expressly except and reserve to the state: 1. All oils, gases, geothermal resources, coal, ores, minerals, fertilizer and fossils of every…
A.R.S. § 37-287.01 Default on long-term lease; forfeiture and cancellation of lease; extension of time for payments; penalty and interest on delinquent rent
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A. If a lessee of a lease in excess of ten years defaults in a payment of rent, as provided in the lease, or fails to comply with a condition, covenant or requirement of the lease, the lease and the lessee's rights under the lease are subject to forfeiture and cancellation as pro…
A.R.S. § 37-288 Default on short-term lease; forfeiture and cancellation of lease; extension of time for payment; penalty and interest on delinquent rental; automatic termination for arrearage
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A. If a lessee of a lease of ten years or less defaults in a payment of rent, as provided in the lease, or fails to comply with a condition, covenant or requirement of the lease, the lease and the lessee's rights under the lease are subject to forfeiture and cancellation as provi…
A.R.S. § 37-288.01 Disposition of personal property abandoned by lessee at the end of the lease; definitions
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A. Within ninety days after the date of expiration or cancellation of a lease of state land, the lessee shall remove the lessee's personal property from the state land and give written notice to the department of the name and address of any person known to the lessee who owns any…
A.R.S. § 37-289 Procedure on cancellation of lease; notice, default, hearing and appeal
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A. Before any lease is canceled, the commissioner shall take the following steps: 1. Notice of default shall be sent by certified mail to the lessee and to any parties who have registered with the department as mortgagees or other lienholders of the lessee's interest. The notice …
A.R.S. § 37-290 Cancellation of lease on reclassification of lands; preferred right to lease reclassified land; refund of advance rental payments
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A. Upon reclassification of state lands, whether upon application for reclassification or upon initiation by the commissioner, notice of the decision shall be served upon all interested parties of record in the department. If no appeal from the reclassification is taken as provid…
A.R.S. § 37-291 Preferred rights to renewal of lease; exceptions; notification
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A. On application to the state land department not less than thirty days nor more than one year before the expiration of a lease of state lands, the lessee, if a bona fide resident of this state or legally authorized to transact business in this state, shall have a preferred righ…
A.R.S. § 37-294 Recovery of lands unlawfully held
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A. Nothing in this article shall confer any rights upon occupants or lessees of lands who have not executed and received a lease under the provisions of this article. B. The state land department shall examine into the rights of all persons in possession of state lands, or improv…
A.R.S. § 37-295 Disposition of long-term commercial lease prepayments; prepayment fund
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A. If the department receives prepayments of rent paid from long-term commercial leases under any provision of this chapter, the monies received shall be transmitted to the state treasurer for investment in a prepayment fund for the appropriate beneficiary. Any interest earned fr…
A.R.S. § 37-301 Procedure for protesting auctions
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A. Any person who desires to protest any of the terms of a proposed auction for the sale of state land, the lease of state land, or the sale of natural products of state land shall file a written protest with the department within thirty days after the first day of publication of…
A.R.S. § 37-311 Definitions
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In this article, unless the context otherwise requires: 1. "Conservation" means protection of the natural assets of state trust lands for the long-term benefit of the land, the trust beneficiaries, lessees, the public and the unique resources that each area contains, such as open…
A.R.S. § 37-312 Nominating and classifying trust land as suitable for conservation purposes
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A. On the commissioner's initiative, on petition as provided by subsection C of this section or as provided by section 37-332, the commissioner may nominate certain trust lands as being under consideration for classification as trust lands suitable for conservation purposes. The …
A.R.S. § 37-312.01 Access to and use and enjoyment of private lands
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Notwithstanding any other provision of this article, the reclassification of trust lands as suitable for conservation purposes shall not restrict or unreasonably limit access to or use or enjoyment of private lands. Any lease or sale of land pursuant to this article shall include…
A.R.S. § 37-313 Conservation lease of trust lands suitable for conservation; definition
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A. The commissioner may sell leases of trust land for conservation purposes to a qualifying lessee when it is in the best interest of the trust. The conservation lease may authorize the lessee to protect the conservation and open space value of the land in cooperation with other …
A.R.S. § 37-314 Conveyance of title to trust lands suitable for conservation purposes
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A. The commissioner may sell or otherwise transfer title to trust lands suitable for conservation purposes when it is in the best interest of the trust. B. A sale of trust land under this section shall be: 1. At public auction. 2. Based on one independent appraisal and one indepe…
A.R.S. § 37-315 Withdrawing trust lands suitable for conservation purposes by department without lease or sale
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A. Notwithstanding any other law, when it is in the best interest of the trust, the commissioner may withdraw trust land suitable for conservation purposes from lease or sale for development purposes to allow qualifying lessees or buyers to complete the plans and arrangements nec…
A.R.S. § 37-317 Subordination to constitution and enabling act
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This article shall not be construed to replace or supersede the responsibilities and obligations of the state land department and the state land commissioner under article X, Constitution of Arizona, and section 28 of the enabling act of June 20, 1910.
A.R.S. § 37-321 Permission required for person other than holder of certificate of purchase to make improvements; forfeiture for failure to obtain permission; report of improvements
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A. Except as otherwise provided in section 37-323, if a lessee, a permittee or other person having a legal interest in state lands, other than a holder of a certificate of purchase, desires to construct or make improvements upon the lands, he shall first file with the department …
A.R.S. § 37-321.01 Rights to water used on state land; definition
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A. A permit or certificate for the right to use water on state land for stock watering or stockpond purposes, or for domestic use on a ranch or farm, shall be issued in the name of the state of Arizona except as follows: 1. If the place of use is located on state land, but the po…
A.R.S. § 37-322 Basis for appraisal of improvements; reimbursements; amortization; reimbursement for irrigation or district assessments and levies; limitation
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A. Improvements placed on state lands prior to June 25, 1952 shall be appraised in accordance with the law in effect at the time the improvements were made. Improvements placed upon state lands after June 25, 1952, including water rights, when the owner thereof is entitled under …
A.R.S. § 37-322.01 Reimbursement for nonremovable improvements by succeeding lessee of lands not subject to auction; failure to pay; penalty
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A. A lessee of state lands that are not subject to lease by auction shall be reimbursed by a succeeding lessee for improvements placed on the lands which are not removable. B. If the retiring lessee and the new lessee do not agree upon the value of the improvements, or if there i…
A.R.S. § 37-322.02 Payment by purchaser or succeeding lessee for improvements on auctioned land
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A. When state lands on which there are improvements for which the owner is entitled to be compensated are offered at an auction for sale or lease, and the purchaser or succeeding lessee is not the owner of the improvements, the purchaser or succeeding lessee shall pay the departm…
A.R.S. § 37-322.03 Improvements on state lands; taxation; disposition on termination of lease; statement of improvements
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A. A lessee of state land shall maintain all improvements that are pertinent to the lease in serviceable condition for the term of the lease and shall not remove any improvement without written authorization from the department except as provided by subsection B. All improvements…
A.R.S. § 37-322.04 Accounting for improvements which become property of state
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When improvements on state lands become the property of the state, they shall be deemed to belong to the fund for the purpose of which the land was granted. Any monies subsequently received for the improvements shall be deposited in the fund in which the monies received from the …
A.R.S. § 37-323 Permission required for construction on floodplains; criteria
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A. A lessee, permittee or other person having a legal interest in state lands located in a floodplain as defined in section 48-3601 other than a holder of a certificate of purchase shall not construct or make improvements or any other development upon the lands without obtaining …
A.R.S. § 37-324 Development or secondary plan; effect
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Notwithstanding any other statute, a development or secondary plan prepared in the consideration of potential future uses for any state lands shall not be considered an improvement of any kind.
A.R.S. § 37-331 Definitions
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In this article, unless the context otherwise requires: 1. "Conservation" has the same meaning prescribed in section 37-311. 2. "Existing lessee" means any of the following: (a) The lessee who is entitled to the use of state lands at the time such lands are considered for classif…
A.R.S. § 37-331.01 Designation of state lands as urban lands on request
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A. The governing body of a city, town or county may request that the commissioner designate as urban lands state lands that are located within: 1. One mile of the corporate boundaries of an incorporated city or town having a population of less than two hundred fifty thousand peop…
A.R.S. § 37-331.02 Urban land planning oversight committee
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A. The urban land planning oversight committee is established in the department consisting of the following members appointed by the governor pursuant to section 38-211: 1. One member with experience in drainage, hydrologic or infrastructure engineering. 2. One member with experi…
A.R.S. § 37-331.03 Conceptual urban state trust land use plans; five year state trust land disposition plans; definitions
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A. The commissioner shall create conceptual land use plans for all urban state trust land in this state and other state trust lands the commissioner considers to be appropriate. The commissioner shall: 1. Prioritize the creation of conceptual plans to the extent possible to: (a) …
A.R.S. § 37-332 Urban lands; notice; hearing; requirements; classification; state general plan
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A. On the commissioner's initiative, the commissioner may designate certain urban lands as being under consideration for classification as urban lands suitable for urban planning, or suitable for conservation purposes if the lands are to be planned in conjunction with lands to be…
A.R.S. § 37-334 Designation of lands; development or secondary plan; requirements; approval
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A. The commissioner may designate certain urban lands as suitable for a development plan. The designation may be made only for lands for which a state general plan has been approved under section 37-332, or a conceptual plan has been developed pursuant to section 37-331.03. The d…
A.R.S. § 37-334.01 Development plan for a master plan area
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A. The commissioner may approve a development plan which includes a proposed master plan area if the proposed master plan area: 1. Is within the corporate boundaries of a city or town. 2. Has inadequate infrastructure to use state land for its highest and best use. 3. Has an area…
A.R.S. § 37-335 Sale or lease of state lands for development
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A. On approval of the development or secondary plan, the commissioner may reclassify the lands consistent with the plan. The existing lessee is entitled to compensation as provided by this chapter. B. Upon the reclassification of state lands, the existing lessee shall be given no…
A.R.S. § 37-335.01 Compensation and reimbursement of lessee upon cancellation of lease
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A. If an existing lease is cancelled due to reclassification under section 37-335, and if the existing lessee either did not utilize his preferred right to lease the reclassified land or was unsuccessful in obtaining the reclassified lease, the lessee is entitled to receive reimb…
A.R.S. § 37-335.02 Off-site improvement of urban lands
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A. The governing body of an incorporated city or town or the board of directors of a county improvement district or a community facilities district pursuant to title 48, chapter 4, article 6 may submit to the commissioner for approval an improvement plan to be carried out by the …
A.R.S. § 37-335.03 Assessment district assessments and city improvement plan assessments as lien on urban lands within district; enforcement
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A. Officially certified descriptions of all urban lands included within the boundaries of a city special assessment or county improvement district subject to an approved improvement plan, with the amounts of assessments and charges of every character made against the leasehold in…
A.R.S. § 37-335.04 Liens not liabilities of state
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This chapter shall not be construed as creating a lien against the interest of this state in any urban lands, nor an obligation against this state to pay charges or assessments imposed against urban land pursuant to an improvement plan. No action of any nature may be brought to f…
A.R.S. § 37-335.06 Agreements to fund, install and reimburse costs of infrastructure on trust lands
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A. The commissioner may enter into agreements with any public or private party to permit the construction, operation and maintenance of infrastructure on urban lands, including a community identity package for urban lands with a plan that is approved pursuant to this article. The…
A.R.S. § 37-336 Rules; review and approval by legislature; duties of commissioner
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A. The commissioner may adopt rules pursuant to title 41, chapter 6 to carry out this article. All rules adopted by the commissioner are subject to review and approval by the legislature. B. Following the adoption of a rule, the commissioner shall immediately forward a certified …
A.R.S. § 37-338 Selection of application for development planning permit or secondary permit
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A. The commissioner shall review all applications before issuing a development planning permit or secondary permit. The application shall include: 1. The applicant's experience, expertise and financial capability to prepare and complete the development or secondary plan. 2. The e…
A.R.S. § 37-341 Preliminary investigation of projects for reclamation of state lands
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The state land department may make preliminary investigation of projects for the reclamation of state lands by the storage of flood waters, for the discovery and development of subterranean water for irrigation and domestic purposes, or the diversion of running streams adapted fo…
A.R.S. § 37-342 Acquisition by land department of rights necessary or advisable for reclamation or irrigation of state lands
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A. The state land department shall make and file locations, appropriations, and rights of way of waters, reservoir sites and dam and power sites whenever the location and filing is deemed advisable for the irrigation of state lands. The land department shall, for and on behalf of…
A.R.S. § 37-343 Investigation of adverse claims upon state lands; protection of equities of persons appropriating water prior to reservation of land for the state
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A. The state land department may investigate and determine adverse claims to lands the title to which is held by the state, and in instances where title to other land is obtained in lieu of such land, the department may relinquish the claim of the state thereto. The determination…
A.R.S. § 37-371 Definition of acquired entitlement land
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In this article, unless the context otherwise requires, "acquired entitlement land" means land which this state acquired from the United States after December 31, 1985 and at the time it was acquired it was entitlement land under title 31 United States Code chapter 69 and the acq…
A.R.S. § 37-372 Payments to local governments with respect to acquired entitlement lands
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A. Each fiscal year the commissioner shall pay to each county in which acquired entitlement land is located a payment from monies appropriated and available for such purpose in an amount determined under this section to be used by the county for any official purpose. B. Subject t…