Title 28 — Transportation

A. The department is subject to the provisions of title 35, chapter 1 relating to public finances and to all other acts of the legislature applicable to the expenditure of public monies. B. The department shall conform to the state budget system and shall not make expenditures un…

A. Except for repayment of loan repayment agreements and interest on loan repayment agreements pursuant to section 28-7676, advances and interest on advances made to the department pursuant to section 28-7677, principal of and interest on board funding obligations delivered pursu…

A. Notwithstanding section 28-6999, the department may enter into: 1. Construction contracts the performance of which may extend beyond the close of the fiscal year. 2. Contracts or agreements for the purpose of right-of-way acquisitions that may obligate state monies for payment…

A. If the department elects to enter into a contract or agreement for the purchase of right-of-way and in addition to other methods of acquisition prescribed by law, at the discretion of the property owner, the department may enter into a contract or agreement for the purchase of…

A. Sections 28-7000 and 28-7001 relating to right-of-way acquisitions apply only to advance acquisition of rights-of-way and do not apply to any other means of right-of-way acquisition. B. The department shall not initiate financing as prescribed in sections 28-7000 and 28-7001 a…

The director of the department of transportation may certify to the director of the department of administration the transfer of amounts from one construction program account to another construction program account only as follows: 1. Construction program items involving urban pr…

The department of administration shall prepare or delegate the duty of preparing the payroll of officers and employees of the department of transportation.

A. The director of the department of administration may issue a warrant in an amount of not more than five hundred thousand dollars on claims properly certified by the department of transportation to establish a revolving account to facilitate only the payment of small expenditur…

A. The department fleet operations fund is established that consists of: 1. Monies appropriated by the legislature to the department for the purchase, maintenance, service or repair of equipment and consumable material, including monies appropriated to pay salaries, wages and ben…

Monies in the state highway fund shall be paid only on an itemized and verified claim by the director of the department of transportation or any other bonded agent authorized by the director of the department of transportation. A claim shall be presented to and filed with the dir…

A. To limit the expenditures of monies in the state highway fund established by section 28-6991, pursuant to article IX, section 14, Constitution of Arizona, to highway purposes, the department of transportation shall: 1. Maintain a strict account of all costs incurred by each fu…

A. The statewide transportation acceleration needs account is established as a separate account in the state highway fund. The account consists of all of the following, except that the source of monies in the fund shall not be a consent agreement or any type of negotiated settlem…

A. The transportation acceleration interest reimbursement account is established as a separate subaccount of the statewide transportation acceleration needs account established by section 28-7009. The subaccount may include: 1. Legislative appropriations. 2. Monies designated for…

1. Monies appropriated by the legislature. 2. Any nonfederal gifts, grants, donations or other monies received by the state treasurer from any public or private source for transportation projects. B. The monies in the fund shall be used to fund any phase of development or constru…

A. The state highways, to be known as state routes, consist of the highways declared before August 12, 1927 to be state highways, under authority of law, that the board, after receipt of a recommendation from the director, may add to, abandon or change. If the board proceeds cont…

A. Highways that were constructed, laid out, opened or established before August 12, 1927 as public highways by the territory or state or by a board of supervisors or political subdivision of this state and that have been used continuously by the public as thoroughfares for free …

A. At least two weeks before the designation and acceptance by the transportation board of a state route or portion of a state route as a state highway, the transportation board shall give notice to the board of supervisors of the county in which the proposed highway is located o…

The director shall: 1. Prescribe standard board and road signs or other devices and provide a uniform system of marking and signaling on state routes and state highways that correlate with and as far as possible conform to the system approved by the American association of state …

The director shall exercise complete and exclusive operational control and jurisdiction over the use of state highways and routes and adopt rules regarding the use as the director deems necessary to prevent the abuse and unauthorized use of these highways and routes.

A. If the director or the board desires to establish, open, relocate, alter, vacate or abandon a state highway or a portion of a state highway, the director shall make and deliver a written report to the board describing the highway or portion of the highway to be affected. If th…

A. This state or a political subdivision of this state shall not construct, lay out, open or establish a street, road or highway through a designated mountain preserve unless the construction of the street, road or highway is approved by a majority of the electors of a charter ci…

A. The director may lease to any public agency, as defined in section 11-951, or to a private person or entity the use of areas above or below state highways, subject to reservations, restrictions and conditions the director deems necessary to assure adequate protection of the sa…

A. If the streets of an incorporated city or town form necessary or convenient links for the connection of sections of state highways or state routes, or for carrying the state highways or state routes through the city or town, the director and the governing body of the city or t…

A. On petition of the board of supervisors of a county and if the board decides that the public convenience is served and the designation will not interfere with the completion and upkeep of the present county highway system, the board may request that the federal highway adminis…

A. The department may construct, maintain and operate roadside parks on highway property for the use and benefit of the public. B. The department may construct and erect signs and plaques marking points of historical importance on highway property. The signs and plaques shall not…

An action brought to recover possession of or to clear title to real property claimed by this state or by a political subdivision of this state as a public highway or airport or an action brought to recover compensation or damage for property taken or damaged in or for the constr…

A. A person who commits or causes to be committed any of the following acts is guilty of a petty offense: 1. Places or maintains an encroachment or obstruction on, makes any use of or otherwise occupies a public highway or airport of this state or any of its political subdivision…

A. If an encroachment is a fixed advertising device or a movable object, notice for the removal of the encroachment may be given to the occupant or owner of the reversionary interest of the land or person causing or owning the encroachment by personal service or by registered or …

A. A person traveling on a road or highway that is open for use and used by the public, that passes into or over any part of an enclosed field or pasture of another person and that has a gate or bars across the road or highway at the point of entrance to or exit from the enclosed…

A. A person who dumps, deposits, places, throws or leaves refuse, rubbish, debris, filthy or odoriferous objects, substances or other trash on a state or county highway, road, public thoroughfare, public airport, the right-of-way to a state or county highway, road, public thoroug…

The director shall cause to be printed and distributed with each license plate and each original or renewal of a driver license material relating to section 28-7056 as the director deems advisable.

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…