Bill Text: AZ SB1407 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: State land leases; term; appeal
Spectrum: Partisan Bill (Republican 6-0)
Status: (Failed) 2010-02-15 - Senate NRIPD Committee action: Held [SB1407 Detail]
Download: Arizona-2010-SB1407-Introduced.html
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REFERENCE TITLE: state land leases; term; appeal |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1407 |
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Introduced by Senators Melvin, Allen S; Representative Gowan: Senator Pierce S; Representatives Pratt, Stevens
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AN ACT
Amending sections 37-281 and 37-281.01, Arizona Revised Statutes; relating to state trust land agricultural and grazing leases.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 37-281, Arizona Revised Statutes, is amended to read:
37-281. Lease of state lands for commercial and homesite purposes without advertising; terms and conditions
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 department.
B. No lease shall be granted as provided by this section without application. All applications for leases shall be made upon forms prepared and furnished by the department, shall be signed and sworn to by the applicant or his authorized agent or attorney and shall be filed with the department. In lieu of signing and swearing to the application before a notary public or other person authorized to take acknowledgments, the applicant may affix his signature to the application, accompanied by a certification, under penalty of perjury, that the information and statements made in the application are to the best of his knowledge and belief true, correct and complete, and the application shall be accepted as duly executed.
C. Any material false statement or concealment of facts made by an applicant, his the applicant's authorized agent or his the applicant's attorney in the application to lease, which, if known to the department, would have prevented issuance of the lease in the form or to the person issued, shall be grounds for cancellation of a lease issued upon such application.
D. No lessee shall use lands leased to him the lessee except for the purpose for which the lands are leased.
E. No lessee shall sublease lands leased to him the lessee without written permission of the state land department.
Sec. 2. Section 37-281.01, Arizona Revised Statutes, is amended to read:
37-281.01. Lease of state lands for agricultural and grazing purposes; notice; appeal on nonrenewal
A. All state lands are subject to lease as provided in this article for a term of not more than ten years for agricultural and 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 constitution and laws of this state and rules of the department.
B. The department shall give notice of the availability of expiring grazing leases on state lands by advertisement, published in December of each year, at least one year in advance of the expiration date of any grazing lease. The notice shall be published at least once in a newspaper of general circulation, indicating the number of leases expiring, the county or counties where each lease is located and the location of posting the notice where additional information may be obtained. The newspaper that prints the notice may also post the notice on an internet web site a website that aggregates legal notices of ten or more Arizona newspapers. The department shall post notice of expiring leases by lease number, abbreviated legal description of the lease area, carrying capacity, expiration date and application information in the following locations:
1. In each department office.
2. On the department's internet web site website.
3. In the office or offices of the county board of supervisors where the land is located.
4. In United States bureau of land management offices in this state where posting is allowed.
C. Notwithstanding title 41, chapter 6, article 10, if the commissioner does not renew an agricultural or grazing lease, if the lessee has substantially complied with the terms of the lease and if the land included under the lease remains classified for agricultural or grazing purposes:
1. At least sixty days before the expiration of the lease, the commissioner shall send notice of the nonrenewal 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 shall inform the lessee, mortgagees and lienholders of the reason for nonrenewal and of their right to appeal.
2. The lessee and any mortgagees or lienholders may appeal the nonrenewal to the board of appeals within thirty days after receiving the notice under paragraph 1 of this subsection to determine whether the nonrenewal of the lease is in the best interest of the trust.
3. The board shall hold a hearing at which the parties may present evidence and testimony. The commissioner has the burden of showing that nonrenewal of the lease is in the best interest of the trust.
4. If the board does not approve the commissioner's determination that nonrenewal of the lease is in the best interest of the trust, the matter shall be remanded to the commissioner for further action consistent with the board's decision.
5. If the board determines that the commissioner's decision of nonrenewal of the lease is in the best interest of the trust, the commissioner's determination is final and is not subject to any further administrative review but is subject to judicial review, on the record, pursuant to title 12, chapter 7, article 6.
6. If within thirty days after the time for taking an appeal expires and no appeal is taken or, if an appeal is taken and the board's decision is against the appellant, within thirty days after the board's decision is received and no judicial appeal is taken, the commissioner's determination is final.
Sec. 3. Application
The provisions of section 37-281.01, Arizona Revised Statutes, as amended by this act, providing for ten-year terms of agricultural and grazing leases of state trust lands apply to new leases and renewals of existing leases that occur from and after the effective date of this act.
