Title 28, Transportation

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…

A. The department shall construct and maintain economic strength projects that are part of the state highway system. B. A local authority shall construct and maintain an economic strength project that is not part of the state highway system if the local authority has jurisdiction…

The director may enter into agreements on behalf of this state with a local authority in regard to the financing, construction or maintenance of an economic strength project recommended by the Arizona commerce authority and approved by the board.

The board may prescribe rules for the administration of this article.

A. The board has final authority to approve an economic strength project recommended by the Arizona commerce authority. The board shall fund an approved economic strength project from the economic strength project fund. B. Before approving an economic strength project, the board …

A. The department may establish an urban and a rural logo sign program. Notwithstanding sections 28-648, 28-7048 and 28-7053, as part of the program the department may contract with a third party to install and maintain specific services information signs, known as logo signs, on…

A. The director may spend monies from the state highway fund in the amount prescribed by law to encourage tourist travel to and through this state by giving publicity to points and places of historic interest, climatic and recreational advantages, the possibilities of successful …

A. The department shall maintain a section for the publication of the magazine, maps, pamphlets and other descriptive material provided by section 28-7312. B. The director shall appoint a publisher as head of the section. C. Compensation for the publisher is as established pursua…

A. The publisher may: 1. Subject to approval of the director, direct the organization of the section of publications and employ or enter into contracts for distribution and wholesale sale of the magazine. 2. Make quarterly reports to the director of expenditures by the section an…

A. An Arizona highways magazine fund is established. B. The fund consists of monies: 1. Appropriated by the legislature from the state highway fund of not more than $500,000 annually. 2. Received from the sales of subscriptions, single copies, maps, pamphlets and other descriptiv…

A. In addition to the urban and rural logo sign programs established pursuant to section 28-7311, the department may establish a program to lease or sell advertising on nonhighway assets of the department and to allow monetary sponsorship of facilities and other assets of the dep…

The director may enter into cooperative agreements with the secretary or any authorized officer of the departments constituting the defense establishment of the United States, the federal highway administrator or any other authorized officer or agency of the United States for con…

A cooperative agreement entered into under this article: 1. Shall provide that all monies advanced by this state in pursuance of the project shall be promptly reimbursed by the United States agency entering into the agreement to the extent of the agency's participation in the cos…

A. If the director determines it necessary for the expeditious completion of a cooperative agreement undertaken pursuant to this article, the director may pay from the state highway fund or from any account within the state highway fund all costs of construction, including the ac…

The United States agency with which a cooperative agreement is entered into shall promptly reimburse the state highway fund or an account within the fund for all expenditures made by the department under the agreement chargeable to the agency at reasonably regular intervals as th…

In this article, unless the context otherwise requires: 1. "Architect services" means those professional architect services that are within the scope of architectural practice as provided in title 32, chapter 1. 2. "Construction-manager-at-risk" means a project delivery method in…

A. Notwithstanding any other law, if the director determines that an emergency exists, the director may award a contract for the reconstruction of transportation facilities necessary to preserve the health, welfare or safety of persons or property. B. The director shall award a c…

A. Notwithstanding any other law, the department may use the design-build method of project delivery on a project if the department makes a determination in writing that it is appropriate and in the best interests of the department to use the design-build method of project delive…

The department shall use the following criteria as the minimum basis for determining when to use the design-build method of project delivery: 1. The extent to which it can adequately define the project requirements. 2. The time constraints for delivery of the project. 3. The capa…

A. If the department determines that the design-build method of project delivery is appropriate, the department shall establish a two-phase procedure for awarding the design-build contract. The department shall limit each solicitation for a design-build contract to a specific sin…

A. The department may procure the following services pursuant to this section: 1. Construction-manager-at-risk construction services. 2. Job-order-contracting construction services. B. The department shall provide notice of each procurement of construction services prescribed in …