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Arizona Law Arizona Revised Statutes Title 37Arizona Revised Statutes Title 37
Public Lands
| Chapter 1 | STATE AGENCIES AND OFFICERS |
| Article 1 | State Land Department |
| 37-101 | Definitions |
| 37-102 | State land department; powers and duties |
| 37-103 | Seal of state land department |
| 37-104 | Power to make and accept conveyances of real property |
| 37-105 | Inclusion of state lands under reclamation projects and irrigation districts; assessments and charges |
| 37-106 | Federal reclamation trust fund |
| 37-106.01 | Power to contract for central Arizona project water for use on state lands; payment of costs; selling unallocated water; disposition of revenue from sale of central Arizona project water and water rights |
| 37-107 | Classification and appraisal fees; deposit in state general fund |
| 37-108 | Fees; accounts |
| 37-109 | Alternative payment methods |
| Article 2 | State Land Commissioner |
| 37-131 | State land commissioner; appointment; term; removal; compensation |
| 37-132 | Powers and duties |
| 37-133 | Decisions of commissioner; filing; notice to persons in interest |
| Chapter 1.2 | RESOURCE ANALYSIS DIVISION |
| Article 1 | General Provisions |
| 37-171 | Definitions |
| 37-172 | Resource analysis division; administrator; employees; compensation; state cartographer |
| 37-173 | Duties |
| 37-174 | Powers |
| 37-175 | Information; cost |
| 37-176 | Revolving fund; source of monies; claims |
| Chapter 2 | ADMINISTRATION OF STATE AND OTHER PUBLIC LANDS |
| Article 1 | Selection |
| 37-201 | Examination and selection duties of commissioner |
| 37-202 | Selection board; powers and duties; distribution of central Arizona project water to state trust lands |
| 37-203 | Selection of lands; designation of land to institution or purpose; credit of receipts to specific funds |
| 37-204 | Advances for survey; repayment |
| 37-205 | Costs related to disposition of land |
| Article 2 | Investigation, Classification and Appraisal |
| 37-211 | Investigations of and experiments on state lands to determine possible uses; reclassification |
| 37-212 | Classification of lands selected; reclassification |
| 37-213 | Board of appeals |
| 37-214 | Board of appeals; approval of participation contracts; appeal |
| 37-215 | Appeal from decision of commissioner or board of appeals |
| Article 2.1 | Sale and Lease of State Lands for Public Education |
| 37-221 | Sale or lease of state lands for public education purposes |
| Article 3 | Sale of State Lands |
| 37-231 | State lands subject to sale; rights reserved in lands sold; state lands not subject to sale; development agreements |
| 37-232 | Application to purchase state lands or for reimbursement for improvements; deposit |
| 37-233 | Sale of state lands; restriction on sale of timber land; expense of sale |
| 37-234 | Sale of agricultural lands without application; limitation on sales of agricultural lands |
| 37-235 | Subdivision of state lands for sale; size and price limitations |
| 37-236 | Order by department of sale of lands; sale at auction; cancellation of sale; appeal |
| 37-236.01 | Sale of lands suitable for conservation purposes and other purposes at single auction |
| 37-237 | Notice required for sale of lands or lands and improvements; publication |
| 37-238 | Procedure for sale; report of sale |
| 37-239 | Participation contracts; planning and disposition proposals |
| 37-240 | Limitations on amount of land one person may purchase |
| 37-241 | Terms of sale of state land; payment; interest rate |
| 37-243 | Payment of rent in arrears; payment for use of land |
| 37-244 | Certificate of purchase; conditions |
| 37-245 | Rights conferred by certificate of purchase; recording of certificate |
| 37-246 | Sale of natural products of lands by purchaser under certificate of purchase; disposition of proceeds; violation; classification |
| 37-247 | Purchaser’s default; forfeiture and cancellation of certificate of purchase; extension of time for payments |
| 37-249 | Actions to rescind sales |
| 37-250 | Replacement of lost or destroyed certificate of purchase |
| 37-251 | Issuance of patents for state lands |
| 37-252 | Taxation of lands sold |
| 37-253 | Report to assessor |
| 37-254 | Cancellation of tax assessment on lands reverting to state |
| 37-255 | Sale of or mortgage or other lien on interest of lessee or holder of certificate of purchase |
| 37-256 | Application of provisions; east half of dry bed of Colorado river |
| 37-257 | Application for sale |
| 37-258 | Sale of rights in dry riverbed |
| 37-258.01 | Sale of development rights |
| 37-259 | Application as offer to settle dispute |
| 37-260 | Selling and administrative expenses |
| 37-261 | Authority to auction reversion rights |
| Article 4 | Lease of State Lands |
| 37-281 | Lease of state lands for certain purposes without advertising; terms and conditions |
| 37-281.01 | Lease of state lands for grazing purposes; notice |
| 37-281.02 | Leasing state lands for commercial purposes for more than ten years |
| 37-281.03 | Leasing land along Colorado river from United States; subleasing requirements; limitations |
| 37-281.04 | Default of lease of state land; assignment to cities and towns |
| 37-282 | Duty of lessees to cooperate with state land department in making classifications and appraisals |
| 37-283 | Subleases by grazing lessee; limitation upon grazing use; sublease surcharge |
| 37-284 | Conflicting short term lease applications; preference rights |
| 37-285 | Rental rates for grazing and other lands; grazing land valuation commission; reclassification and reappraisal; definitions |
| 37-286 | Execution of leases by land department; covenants; assignment of lease by lessee |
| 37-286.01 | Duty to exclude unauthorized livestock bond; damages; injunction |
| 37-287 | Reservation of rights in state land leases |
| 37-288 | Forfeiture of leases; extension of time for payment; penalty and interest on delinquent rental; automatic termination for arrearage |
| 37-288.01 | Disposition of personal property abandoned by lessee at the end of the lease; definitions |
| 37-289 | Procedure on cancellation of lease; notice, default, hearing and appeal |
| 37-290 | Cancellation of lease by reclassification of lands; preferred right to lease reclassified land; refund of advance rental payments |
| 37-291 | Preferred rights to renewal of lease; exceptions; notification |
| 37-294 | Recovery of lands unlawfully held |
| 37-295 | Disposition of long term commercial lease prepayments; prepayment fund |
| Article 4.1 | Protesting Auctions |
| 37-301 | Procedure for protesting auctions |
| Article 4.2 | Trust Lands Suitable for Conservation |
| 37-311 | Definitions |
| 37-312 | Nominating and classifying trust land as suitable for conservation purposes |
| 37-312.01 | Access to private lands |
| 37-313 | Conservation lease of trust lands suitable for conservation; definition |
| 37-314 | Conveyance of title to trust lands suitable for conservation purposes |
| 37-315 | Withdrawing trust lands suitable for conservation purposes by department without lease or sale |
| 37-316 | Conservation advisory committee |
| 37-317 | Subordination to constitution and enabling act |
| Article 5 | Improvements on State Lands |
| 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 |
| 37-321.01 | Rights to water used on state land; definition |
| 37-322 | Basis for appraisal of improvements; reimbursements; amortization; reimbursement for irrigation or district assessments and levies; limitation |
| 37-322.01 | Reimbursement by succeeding lessee of lands not subject to auction for nonremovable improvements; failure to pay; penalty |
| 37-322.02 | Payment by purchaser or succeeding lessee for improvements on auctioned land |
| 37-322.03 | Improvements on state lands; taxation; disposition on termination of lease; statement of improvements |
| 37-322.04 | Accounting for improvements which become property of state |
| 37-323 | Permission required for construction on floodplains; criteria |
| 37-324 | Development or secondary plan; effect |
| Article 5.1 | Urban Lands Development |
| 37-331 | Definitions |
| 37-331.01 | Designation of state lands as urban lands on request |
| 37-331.02 | Urban land planning oversight committee |
| 37-331.03 | Conceptual urban state trust land use plans; five year state trust land disposition plans; definitions |
| 37-332 | Urban lands; notice; hearing; requirements; classification; state general plan |
| 37-334 | Designation of lands; development or secondary plan; requirements; approval |
| 37-334.01 | Development plan for a master plan area |
| 37-335 | Sale or lease of state lands for development |
| 37-335.01 | Compensation and reimbursement of lessee upon cancellation of lease |
| 37-335.02 | Off site improvement of urban lands |
| 37-335.03 | Assessment district assessments and city improvement plan assessments as lien on urban lands within district; enforcement |
| 37-335.04 | Liens not liabilities of state |
| 37-335.06 | Agreements to fund, install and reimburse costs of infrastructure on trust lands |
| 37-336 | Rules; review and approval by legislature; duties of commissioner |
| 37-338 | Selection of application for development planning permit or secondary permit |
| Article 6 | Reclamation of State Lands |
| 37-341 | Preliminary investigation of projects for reclamation of state lands |
| 37-342 | Acquisition by land department of rights necessary or advisable for reclamation or irrigation of state lands |
| 37-343 | Investigation of adverse claims upon state lands; protection of equities of persons appropriating water prior to reservation of land for the state |
| Article 7 | Payments to Local Governments |
| 37-371 | Definition of acquired entitlement land |
| 37-372 | Payments to local governments with respect to acquired entitlement lands |
| Article 8 | Rights of Entrymen Upon Public Domain |
| 37-411 | Rights of entrymen under federal laws to possession and enjoyment of land |
| 37-412 | Limitation on claims; marking boundaries of claim; notice; recording of notice |
| Article 9 | Use of State Lands by State Institutions |
| 37-441 | Taking by state of state lands and improvements; reimbursement of owners for improvements; lease by department or institution |
| 37-442 | Application by department or institution to take over state lands; approval by governor; compensation of lessee for improvements and damages resulting from termination |
| 37-443 | Improvements as state property |
| 37-444 | Offset against rent due from trust beneficiaries; substituting trust designations |
| Article 10 | Rights of Way and Sites for Public Uses |
| 37-461 | Grants of rights of way and sites for public uses |
| Article 11 | Disposition of Products of State Lands |
| 37-481 | Conservation and administration of products of state lands |
| 37-482 | Contracts for sale of timber; limitations; universities timber land account; composition; use |
| Article 12 | Trespass on State Lands |
| 37-501 | Trespass on state lands; classification |
| 37-502 | Damages in civil action for trespass on state lands; seizure of products; report of trespasses |
| 37-503 | Disposition of personal property unlawfully abandoned on state land |
| Article 13 | Segregation of Funds Derived from Lands |
| 37-521 | Permanent state school fund; composition; use |
| 37-522 | Universities land fund; composition; use |
| 37-523 | Normal schools land fund; composition; use |
| 37-524 | Agricultural and mechanical colleges land fund and school of mines land fund; composition; use |
| 37-525 | Other land funds; composition; use |
| 37-526 | Central Arizona project municipal and industrial repayment fund |
| Article 14 | Exchange of Public Lands |
| 37-601 | Authorization to exchange |
| 37-602 | Notice |
| 37-603 | Method of exchange; appraisal |
| 37-604 | Exchange of state land; procedure; limitation and exceptions |
| 37-604.01 | Exchange of state subsurface rights and interests |
| 37-605 | Title; reservations, restrictions and encumbrances |
| 37-606 | Protest; public hearing; judicial review |
| 37-607 | Method of exchange; valuation |
| 37-608 | Supplemental authority |
| 37-609 | Exchange of sovereign lands |
| 37-610 | Disposition of surplus floodplain lands |
| Article 15 | Acquisition of Lands by United States for Penal Purposes |
| 37-611 | Acquisition of lands by United States for penal purposes |
| 37-612 | Concurrent jurisdiction of the United States over lands acquired for penal purposes; termination of jurisdiction |
| 37-613 | Power of state to serve process upon land ceded United States for penal purposes |
| Article 16 | Exchange of Road Rights-of-Way |
| 37-615 | Exchange of road rights of way on state land; procedure; limitation and exceptions |
| 37-616 | Protest; public hearing; judicial review |
| 37-617 | Method of exchange; valuation |
| 37-618 | Supplemental authority |
| Article 17 | Concurrent Jurisdiction With United States Over Certain Lands and Areas |
| 37-620 | Vesting of concurrent criminal jurisdiction in the United States over certain lands and areas |
| 37-620.01 | Concurrent jurisdiction over veterans administration properties; acceptance |
| 37-620.02 | State consent to acquisition of land by the United States for exclusive jurisdiction |
| Article 18 | Interstate Compact for Jurisdiction on the Colorado River |
| 37-620.11 | Enactment of compact |
| Article 19 | Holistic Resource Management |
| 37-620.21 | Holistic resource management program |
| Chapter 2.1 | FORESTS |
| Article 1 | State Forester |
| 37-621 | State forester; qualifications |
| 37-622 | Duties of state forester; acceptance of federal law |
| 37-623 | Suppression of wildfires; powers and duties of state forester; entry on private lands |
| 37-623.01 | Forestry administrative districts; equipment and personnel |
| 37-623.02 | Emergencies; prohibiting fireworks; liabilities and expenses; fire suppression revolving fund |
| 37-624 | Cooperative forestry fund |
| Chapter 3 | ACTS OF CONGRESS RELATING TO STATE AND FEDERAL LANDS |
| Article 1 | Carey Land Acts |
| 37-701 | Acceptance of Carey land acts; state agency |
| 37-702 | Application for selection of arid lands for irrigation projects or reclamation projects; proposal; deposit |
| 37-703 | Processing of proposal by land department; processing by director of water resources; approval or disapproval of application |
| 37-704 | Contract; contents; bond of contractor |
| 37-705 | Contract provisions as to beginning and completion dates; forfeiture for failure to prosecute work |
| 37-706 | Persons eligible to apply for entry; limitation on area; contents of application; price of lands; disposition of monies received |
| 37-707 | Procedure upon completion of project by settler; application for federal patent; grant of state patent to settler |
| 37-708 | Water rights appurtenant to lands; lien; foreclosure and redemption |
| 37-709 | Maps of project; right of easement reserved |
| 37-710 | Reservation of mineral rights in school lands sold |
| Article 2 | Taylor Grazing Act |
| 37-721 | Acceptance of Taylor grazing act, amendment of enabling act and other federal laws relating to exchange of lands |
| 37-722 | Authority of land department and selection board to make exchanges of state owned for federally owned land |
| 37-723 | Distribution of money received from United States; appropriations to counties |
| 37-724 | Receipts from lease of public lands |
| 37-725 | Receipts from grazing district fees; district treasurer; duties |
| 37-726 | Expenditure of grazing fees of district; purposes authorized |
| Article 3 | Federal Mineral, Oil and Gas Lease Act |
| 37-741 | Public roads and public education fund; purposes; approval of expenditures by legislature; distribution |
| Chapter 4 | ACQUISITION OF PRIVATE REAL PROPERTY BY STATE OR POLITICAL SUBDIVISION |
| Article 1 | In General |
| 37-801 | Duty to disclose names of persons having a beneficial interest in real property |
| 37-802 | Disposition of real property by state agency; alternative fuel delivery systems; definition |
| 37-803 | Disposition of real property by state agency |
| 37-804 | Payment of outstanding taxes, penalties and interest on acquiring property |
| Chapter 5 | STATE CLAIMS TO PUBLIC LANDS |
| Article 1 | General Provisions |
| 37-901 | Definitions |
| 37-902 | Public lands; public policy; state land department |
| 37-903 | State land commissioner; powers; duties |
| 37-904 | Public lands board of review; members; powers and duties; staff and officers; service of process |
| 37-905 | Appeal of commissioner's decision; board of review; procedures; decision; further appeal |
| 37-906 | Public lands; disposal; use; written authorization required |
| 37-907 | Federal lands acquired without legislative consent; placement on tax rolls |
| 37-908 | Powers and duties of attorney general |
| 37-909 | State payments to counties |
| Chapter 6 | NATURAL RESOURCE CONSERVATION DISTRICTS |
| Article 1 | General Provisions |
| 37-1001 | Declaration of policy |
| 37-1002 | Definitions |
| Article 2 | Division of Natural Resource Conservation |
| 37-1011 | Division of natural resource conservation |
| 37-1012 | State natural resource conservation commissioner |
| 37-1013 | Powers and duties of commissioner |
| 37-1014 | State financial assistance; application; criteria |
| 37-1015 | Environmental special plate fund; distribution |
| Article 3 | Formation, Change in Boundaries and Dissolution |
| 37-1031 | Petition for creation of district |
| 37-1032 | Hearing on petition; notice |
| 37-1033 | Determination by commissioner |
| 37-1034 | Referendum; election of supervisors |
| 37-1035 | Proclamation of result of referendum and election; terms of supervisors |
| 37-1036 | Proceedings to organize district; certificate of organization |
| 37-1037 | Addition of territory |
| 37-1038 | Dissolution of district |
| 37-1039 | Status following dissolution |
| 37-1040 | Change in boundaries; combination or division of districts; change in name of districts |
| Article 4 | Administration |
| 37-1051 | District supervisors; term of office; biennial election |
| 37-1052 | Organization of supervisors; vacancies |
| 37-1053 | Powers and duties of supervisors |
| 37-1054 | Powers of district |
| 37-1055 | Limitation of powers |
| 37-1056 | Cooperation between districts |
| 37-1057 | Cooperation by state agencies |
| Chapter 7 | STATE CLAIMS TO STREAMBEDS |
| Article 1 | General Provisions |
| 37-1101 | Definitions |
| 37-1102 | Trust advocate |
| Article 2 | Determining Navigability |
| 37-1121 | Arizona navigable stream adjudication commission |
| 37-1122 | General powers and duties of the commission |
| 37-1123 | Receiving and compiling evidence and records |
| 37-1124 | Compiling evidence and records by department |
| 37-1126 | Hearings; notice |
| 37-1128 | Determination of navigability |
| 37-1129 | Judicial review |
| 37-1130 | Title to bed of nonnavigable watercourse; appropriation of waters for public trust values |
| 37-1131 | Notice to landowners; quiet title action |
| 37-1132 | Refunds to record title owners |
| Article 3 | Management of Public Trust Lands |
| 37-1151 | Petition to release public trust status |
| 37-1152 | Auction and sale of released public trust lands |
| 37-1153 | Permit to use public trust lands |
| 37-1154 | Public improvements in beds of navigable watercourses; definition |
| 37-1155 | Prior use of public trust lands |
| 37-1156 | Riparian trust fund; acquisition and management of riparian lands |
| Chapter 8 | MILITARY AIRPORT LAND EXCHANGES |
| Article 1 | General Provisions |
| 37-1201 | Declaration of policy |
| 37-1202 | Definitions |
| Article 2 | Military Airport Land Exchange Section |
| 37-1221 | Military airport land exchange section; purpose; employees; compensation |
| 37-1222 | Military airport land exchange proposal application; agreement |
| 37-1223 | Powers and duties of the section; limitations |
| 37-1224 | Military airport land exchange fund |
Richard Keyt is a business, transactions, contracts, real estate, estate planning and internet law attorney licensed to practice law in Arizona. He has provided legal services to businesses and people in Arizona since 1980. Formerly a partner at one of the largest law firms in Arizona, Rick now provides big firm quality legal services at small firm rates. Rick can be reached by telephone at 602-906-4953, ext. 3, email at rickkeyt@keytlaw.com and fax at 602-297-6890. Rick's Arizona law, internet, e-commerce and domain name law web site is KEYTLaw, located at www.keytlaw.com. Communicating with Richard Keyt via email or otherwise does not cause you to become a client or cause your communications to be confidential or subject to the attorney client privilege.
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This page was last modified on May 27, 2009.
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