Title 37 — Public Lands
9 chapters · 261 sections in this title.
A.R.S. § 37-256 Application of provisions; east half of dry bed of Colorado river
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The provisions of this section and sections 37-257, 37-258 and 37-259 shall apply to the following lands: 1. Lands owned by the state of Arizona which lands are located in the Palo Verde irrigation district in Riverside county, California, within three miles, measured in a true w…
A.R.S. § 37-257 Application for sale
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A. Any person who shall satisfy the state land commissioner that the person, with predecessors in interest, has held title to a tract of land, which is subject to sections 37-256 through 37-259, under claim or color of title for more than ten years and for such ten-year period ha…
A.R.S. § 37-258 Sale of rights in dry riverbed
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A. Upon receipt of the appraisal and when it is in the best interests of this state and of the trust, the commissioner may cause rights of the state in any dry riverbed on the land described in the application to be put up for sale to the highest bidder. This sale may include the…
A.R.S. § 37-258.01 Sale of development rights
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The department may offer for sale at public auction all or part of the development rights and other similar interests in land if the remaining fee land still retains long-term income production potential.
A.R.S. § 37-259 Application as offer to settle dispute
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Any application under section 37-257 and any payments made to this state pursuant thereto shall be deemed an offer by the applicant to compromise and settle a dispute with this state, and no applicant by filing such application shall be deemed to be admitting that title to the la…
A.R.S. § 37-260 Selling and administrative expenses
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Any application and any payment made to this state pursuant to sections 37-257 and 37-258 shall be exempt from the provisions of section 37-107. If the commissioner determines that an appraisal is required on the improvements, the purchaser of the land shall pay the actual cost o…
A.R.S. § 37-261 Authority to auction reversion rights
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A. If this state has held a right of reversion with respect to any land sold under this article for ten years without exercise or encumbrance, the commissioner may order the right of reversion to be appraised and offered for sale at public auction. The commissioner shall prescrib…
A.R.S. § 37-281 Lease of state lands for certain purposes without advertising; terms and conditions
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A. All state lands are subject to lease as provided in this article for a term of not more than ten years for agricultural, commercial and homesite purposes, without advertising. The leases shall be granted according to the constitution, the law and the rules of the state land de…
A.R.S. § 37-281.01 Lease of state lands for grazing purposes; notice
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A. All state lands are subject to lease as provided in this article for a term of not more than ten years for grazing purposes without public auction. In addition to the requirements of section 37-281, subsections B, C, D and E, the leases shall be granted according to the consti…
A.R.S. § 37-281.02 Leasing state lands for commercial purposes for more than ten years
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A. All state lands are subject to lease as provided in this article for a term in excess of ten years, but not more than ninety-nine years, for commercial purposes to the highest and best bidder at public auction. The auction shall be conducted at the place, in the manner, and af…
A.R.S. § 37-281.03 Leasing land along Colorado river from United States; subleasing requirements; limitations
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A. The state land department may lease from the United States or its authorized agencies, for park, recreational and wildlife purposes, lands under the jurisdiction of the bureau of reclamation, which are located along the Colorado river embracing the area from Davis dam to the i…
A.R.S. § 37-281.04 Default of lease of state land; assignment to cities and towns
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A. If a default of a lease of state land made pursuant to this article occurs during the first year of the lease agreement or within four years of the first anniversary date determined by the lease agreement, the lease may be assigned to a city or town by the commissioner pursuan…
A.R.S. § 37-282 Duty of lessees to cooperate with state land department in making classifications and appraisals
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Lessees of state lands shall cooperate with the state land department in making classifications and appraisals. Lessees shall furnish information requested by the department pertaining to the use of the lands proposed by lessee and in connection with other property held by the le…
A.R.S. § 37-282.01 Mass appraisals; notice; procedure; definitions
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A. Before undertaking a mass appraisal pursuant to section 37-132, subsection A, paragraph 5, the commissioner shall: 1. Notify in writing all lessees, permittees and right-of-way grantees currently occupying state land for the use to which the mass appraisal would apply and soli…
A.R.S. § 37-283 Subleases by grazing lessee; limitation upon grazing use; sublease surcharge
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A. A grazing lessee shall not sublease his lease or sell or lease pasturage to lands included in his lease, without written permission from the state land department. A grazing lessee, his sublessee or users under pasturage agreement shall not graze, without written permission of…
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…