Title 28 — Transportation

A. The department may: 1. Privatize any rest area constructed on or adjacent to state highways in this state on or after September 26, 2008. Any agreement between the department and a person for privatization under this section shall include a provision that: (a) Prohibits the pe…

A. The department may establish a rest area sponsorship sign program. Notwithstanding sections 28-648, 28-7048 and 28-7053, the department may contract with a third party to install, maintain and replace rest area sponsorship signs at rest areas located in the public right-of-way…

For the purposes of this article, "market value" means the most probable price estimated in terms of cash in United States dollars or comparable market financial arrangements that the property would bring if exposed for sale in the open market, with reasonable time allowed in whi…

A. In the name of this state, the director may acquire, either in fee or a lesser estate or interest, real property that the director considers necessary for transportation purposes by purchase, donation, dedication, exchange, condemnation or other lawful means with monies from t…

A. This state may exercise the right of eminent domain for transportation purposes, and the court in which the action is pending shall give the action precedence over other civil actions. B. If property that is devoted to or held for some public use other than existing street, hi…

A. The authority provided by this article to acquire real property for transportation purposes includes authority to acquire for future needs if the board has an adopted and approved state route plan or airport site location showing a reasonable need for the property. B. The dire…

B. Except as provided in section 28-7099, the director may convey the real property described in subsection A of this section to an agency of the federal government, this state or a county, city or town of this state without a public sale if the director considers the conveyance …

A. The director shall justify each acquisition or disposal under this article of real property with an estimated value of more than fifty thousand dollars by at least one appraisal report that is of sufficient scope to document and justify the economic basis for the acquisition o…

In acquiring property for transportation purposes pursuant to this article, when determining the market value of the property to be taken and the market value of the remainder, if any, in the before condition, a decrease or increase in the market value of the real property before…

A. Before filing a condemnation action to acquire property for transportation purposes pursuant to this article, the department shall obtain one or more appraisals that estimate the amount of just compensation for the proposed taking and damaging of the property. B. At least twen…

A. If property is acquired for transportation purposes by agreement of the parties before the filing of a condemnation action or by stipulation before judgment in the condemnation action, the deed transferring the property shall provide the original owner or the original owner's …

Before payment of the compensation and damages awarded the defendants by the court or jury, the director may abandon the proceedings and cause the condemnation action to be dismissed without prejudice, except that the director shall not initiate any eminent domain proceeding with…

Interest on a judgment in a condemnation proceeding instituted by the department, including interest that is payable pursuant to section 12-1123, subsection B, shall be calculated for each month or portion of a month that interest is owed and shall be either: 1. The prime rate ch…

A. If the board adopts a highway corridor and selects a highway alignment for the adopted corridor, within eighteen months of selection of the alignment, the board shall adopt a resolution of necessity declaring that acquisition of one or more parcels of real property is necessar…

The sections in this article do not limit the provisions of any other section, each of which is a distinct and separate authorization.

In this article, unless the context otherwise requires: 1. "Business" means a lawful activity, except a farm operation, that is conducted primarily by or for any of the following: (a) The purchase, sale, lease and rental of personal and real property and the manufacture, processi…

A. Programs or projects undertaken by a displacing agency shall be planned in a manner that both: 1. Recognizes, at an early stage in the planning of the programs or projects and before the commencement of any actions that will cause displacements, the problems associated with th…

A. As a part of the cost of construction and on proper application to the department, the department shall pay to a displaced person, business or farm operation: 1. Actual reasonable expenses in moving the displaced person and the displaced person's family, business, farm operati…

A. In addition to other payments authorized by this article, the displacing agency shall pay not more than thirty-one thousand dollars to a displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for at least ninety days before the in…

In addition to the payments authorized by sections 28-7143 and 28-7144 and as a part of the cost of construction, the department shall reimburse the owner, after the date of payment of the purchase price or the date of deposit in court of monies to satisfy the award or compensati…

A. In addition to amounts otherwise authorized by this article, a displacing agency shall pay to or for a person who is displaced from a dwelling and who is not eligible to receive a payment under section 28-7144 if the dwelling was actually and lawfully occupied by the displaced…

A displaced person who is aggrieved by a determination as to eligibility for a payment authorized by this article or the amount of a payment may have the person's application reviewed by the director. The director's decision is final.

A. The director shall adopt rules as the director determines is necessary to ensure that: 1. The payments and assistance authorized by this article are administered in a manner that is fair and reasonable and as uniform as practicable. 2. A displaced person who makes proper appli…

A payment received by a displaced person under this article: 1. Is not income for the purposes of title 43 relating to the taxation of income. 2. Is not considered as income or resources to a recipient of public assistance. 3. Shall not be deducted from the amount of aid to which…

In a condemnation proceeding brought under the power of eminent domain this article does not create an element of value or damages not in existence on July 1, 1974.

The department may negotiate and purchase at a price mutually acceptable to the property owner and the department property that is expected to be needed for future transportation facilities. This section applies only to qualified advance acquisitions of properties that are locate…

A. If a program or project undertaken by a displacing agency cannot proceed on a timely basis because comparable replacement dwellings are not available and the head of the displacing agency determines that the dwellings cannot otherwise be made available, the head of the displac…

A. The court having jurisdiction of a proceeding instituted by the department to acquire real property by condemnation shall award the owner of any right to, title to or interest in the real property an amount that will reimburse the owner for the owner's reasonable costs, disbur…

A. Notwithstanding any other law, if this state acquires an interest in real property, it shall acquire at least an equal interest in all buildings, structures or other improvements located on the acquired real property that it requires to be removed from the real property or tha…

Notwithstanding any other law, a displacing agency shall maintain real property that is acquired by the displacing agency in carrying out a program or project and that is not scheduled for immediate rehabilitation or demolition in a manner consistent with protecting and maintaini…

A. The director may authorize the reimbursement to a city, town or county for the cost of labor, equipment, materials, preliminary engineering and right-of-way purchase required to adjust or relocate a utility facility if all of the following apply: 1. An existing city, town or c…

In this article, unless the context otherwise requires: 1. "Governing body" means the city or town council or other authority of a city or town, the board of supervisors of a county or the transportation board. 2. "Owner" or "owners of record" includes a person, firm, partnership…

If a governing body determines that a public roadway owned by the city, town, county or state or a portion of the roadway is not necessary for public use as a roadway, the governing body may dispose of or use the roadway as provided in this article.

A roadway or portion of a roadway may be exchanged with an abutting owner for all or part of a new public roadway, and title vests in the grantee when the exchange is made.

A. The governing body may authorize the director to sell and convey the land within the roadway or portion of the roadway by quitclaim deed. B. On conveyance, the roadway or portion of the roadway is deemed vacated, title to the roadway or portion of the roadway vests in the gran…

If the roadway is a city, town or county roadway, the governing body may resolve that the roadway or portion of the roadway be vacated. On the making of the resolution, title to the roadway or portion of the roadway vests, subject to the same encumbrances, liens, limitations, res…

Notwithstanding section 28-7205, if the roadway is a city, town or county roadway in a planned development, the governing body may resolve that the roadway or portion of the roadway be vacated and that title to the vacated roadway or portion of the roadway vests in the owners ass…

If a roadway is a state roadway, the governing body may resolve that this state's interest in the roadway or portion of the roadway be abandoned. On abandonment: 1. This state's interest in the part of the roadway that is located outside the boundaries of incorporated cities or t…

Notwithstanding any other law, except as provided in section 28-7215, vesting of title pursuant to sections 28-7205, 28-7206 and 28-7207 is subject to the giving of consideration from the owner of the abutting property to the governing body in an amount deemed by the governing bo…

A. If the board vacates or abandons a portion of a state route or state highway pursuant to section 28-304, the board shall: 1. Vacate or abandon the portion of the route or highway in cooperation with an affected jurisdiction and in full recognition of the financial and administ…

Rights-of-way or easements for the following continue as they existed before the disposal or abandonment of the rights-of-way or easements: 1. Existing sewer, gas, water or similar pipelines and appurtenances. 2. Canals, laterals or ditches and appurtenances. 3. Electric, telepho…

The governing body or the board, in the case of this state, may give notice of pending disposition of roadways, hold hearings, obtain appraisals and take other similar action in connection with the disposition if it deems the action necessary or advisable.

A. The part of a county roadway that is the boundary line between two counties shall not be disposed of except by joint action of the boards of supervisors of both counties. B. The part of a state or county roadway that is a boundary line of an incorporated city or town or that i…

A governing body's resolution that disposes of a roadway or a portion of a roadway or that applies the roadway to another public use shall: 1. Describe the roadway and its disposition or use. 2. Take effect when it is recorded in the office of the county recorder of the county in…

If this state or a city, town or county does not own title to a roadway but holds right-of-way easements, the easements may be extinguished by the governing body's resolution.

A. A roadway shall not be vacated if any land adjoining the roadway is left without a public or private legal access connecting the land with an established public roadway, unless there is expressly reserved in the conveying instrument the roadway rights of ingress and egress for…

A. It is unlawful to construct or begin the construction of a bridge, dam, dike or causeway over or in any navigable river or other navigable water within the jurisdiction of this state unless the attorney general has recommended and the governor has authorized the construction. …

A person who is required by law to construct, maintain or repair bridges or crossings over a ditch or irrigating canal and who knowingly fails or refuses to construct, maintain or repair these bridges or crossings is guilty of a class 2 misdemeanor.

The following highway projects are economic strength projects pursuant to this article: 1. A project that will retain a significant number of jobs in this state or within a local authority. 2. A project that will significantly increase the number of jobs in this state or within a…

A. An economic strength project fund is established consisting of the monies allocated for projects listed by the Arizona commerce authority pursuant to section 41-1505, subsection E. B. Monies in the economic strength project fund shall be used to fund projects that are recommen…