Bill Text: AZ HB2458 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced


Bill Title: Home sales; water supply disclosure

Spectrum: Moderate Partisan Bill (Democrat 16-4)

Status: (Introduced - Dead) 2010-01-25 - Referred to House WE Committee [HB2458 Detail]

Download: Arizona-2010-HB2458-Introduced.html

 

 

 

REFERENCE TITLE: home sales; water supply disclosure

 

 

 

State of Arizona

House of Representatives

Forty-ninth Legislature

Second Regular Session

2010

 

 

HB 2458

 

Introduced by

Representatives Ableser, Campbell CH, Chabin, Fleming, Sinema, Young Wright: Ash, Barnes, Brown, Burges, Farley, Heinz, Konopnicki, Meyer, Pancrazi, Patterson, Schapira, Tovar, Waters

 

 

AN ACT

 

Amending Title 33, chapter 4, article 2, Arizona Revised Statutes, by adding section 33-425; relating to property disclosures.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 33, chapter 4, article 2, Arizona Revised Statutes, is amended by adding section 33-425, to read:

START_STATUTE33-425.  Disclosure of water supply status; recording; exemption; definition

A.  Beginning January 1, 2011, a subdivider who sells one or more lots in a subdivision located outside of an active management area as established pursuant to title 45, chapter 2, article 2 shall record a document that contains a statement of water adequacy or inadequacy for that subdivision as determined pursuant to section 45-108.

B.  The document prescribed in subsection A of this section shall be recorded in the office of the county recorder for the county in which the subdivision is located and shall be recorded with the plat for the subdivision.  The document shall contain a legal description of the land that is subject to the subdivision plat and shall state whether the subdivision is served by a water supply that has been determined to be adequate or inadequate.

C.  If after an initial recording pursuant to this section a water supply for a subdivision is subsequently determined to be an adequate water supply by the department of water resources, at the request of an owner of a lot in the subdivision, the department of water resources shall provide the owner with notice of the adequacy of the water supply in a recordable format for the subdivision.  The owner of the subdivision shall record the notice of adequate water supply in the office of the county recorder for the county in which the lot is located.

D.  The document recorded by the subdivider or an owner pursuant to this section shall comply with the requirements for recording documents as otherwise provided by law.

E.  A subdivider that is required to provide the recorded disclosure of water adequacy statement prescribed by section 33-406 is exempt from this section.

F.  For the purposes of this section, "subdivider" has the same meaning prescribed in section 32-2101. END_STATUTE

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