Whereas, the
purpose of this proposition is to preserve the mission of the state land trust
by ensuring and increasing the economic value of the trust for the benefit of
public schools and the other beneficiaries through prudent planning while
providing opportunities for conservation consistent with the mission of the
state land trust.
Therefore
Be it resolved by
the House of Representatives of the State of Arizona, the Senate concurring:
1. Article X, section 3, Constitution of Arizona, is
proposed to be amended as follows if approved by the voters and on proclamation
of the Governor:
START_STATUTE3. Mortgage or other encumbrance; sale or
lease at public auction
Section 3. A. No mortgage or
other encumbrance of the said lands, or any part thereof, shall be valid in
favor of any person or for any purpose or under any circumstances whatsoever.
B. Said lands shall not be sold or
leased, in whole or in part, except to the highest and best bidder at a public
auction to be held at the county seat of the county wherein the lands to be
affected, or the major portion thereof, shall lie. ,
Notice of which public the auction shall first have been duly given by advertisement, which
shall set forth the nature, time and place of the transaction to be had, with a
full description of the lands to be offered. , and
The notice shall be:
1. Posted on the official web site for at least
thirty‑five days before the auction.
2. Published at least once each week for not less than ten five successive weeks before the auction in a newspaper of general
circulation published regularly at the state capital, and in that a
newspaper of like general circulation which shall then be regularly
published nearest to the location
in the vicinity of the
lands so offered. ; nor shall any
C. No sale or contract for the sale
of any timber or other natural product of such lands may be made, save at the place, in the manner,
and after the notice by publication provided for sales and leases of the lands
themselves.
D. Nothing herein in
this section, or elsewhere in this article X contained, shall prevent:
1. The
leasing of any of the lands referred to in this article in such manner as the
legislature may prescribe, for grazing, agricultural, commercial and homesite
purposes, for a term of ten years or less, without advertisement or auction. ;
2. The
leasing of any of said lands, in such manner as the legislature may prescribe,
whether or not also leased for grazing and agricultural purposes, for mineral
purposes, other than for the exploration, development, and production of oil, gas and other
hydrocarbon substances, for a term of twenty years or less, without
advertisement, or auction. ,
3. The
leasing of any of said lands, whether or not also leased for other purposes,
for the exploration, development, and production of oil, gas and other
hydrocarbon substances on, in or under said lands for an initial term of twenty
(20) years or less and as
long thereafter as oil, gas or other hydrocarbon substance may be procured
therefrom in paying quantities, the leases to be made in any manner, with or
without advertisement, bidding,
or appraisement, and under such terms and provisions, as the legislature may
prescribe, the terms and provisions to include a reservation of a royalty to
the state of not less than twelve and one-half per cent of production.
4. Granting public rights-of-way
and easements to a federal, state or local governmental entity without
advertisement or auction in a manner prescribed by law.
5. The disposition without
advertisement or auction of lands that are designated as suitable for
conservation in a plan prepared and approved pursuant to section 4.1 of this
article.
6. The
disposition without advertisement or auction of conservation lands as provided by section 4.2 or 4.3 of this article. END_STATUTE
2. Article X, section 4, Constitution of Arizona, is
proposed to be amended as follows if approved by the voters and on proclamation
of the Governor:
START_STATUTE4. Sale or other disposal; appraisal; consideration and value
Section 4. A. All lands, lease-holds leaseholds, timber, and other products of land, before
being offered, shall be appraised at their true value. , and
except as provided in this article,
no sale or other disposal thereof shall be made:
1. For a consideration less than
the value so ascertained.
, nor
2. In any case less than the
minimum price hereinafter fixed.
, nor
3. Upon credit unless accompanied
by ample security. , and
B. The legal title shall not be
deemed to have passed until the consideration shall have been paid.
C. Rights-of-way for public roadways that were
established or maintained before January 1, 1968 and used or maintained since
January 1, 1968 shall be granted without further consideration in a manner
prescribed by law. END_STATUTE
3. Article X, Constitution of Arizona, is proposed
to be amended by adding sections 4.1 and 4.2 as follows if approved by the
voters and on proclamation of the Governor:
START_STATUTE4.1. Planning; definition
Section 4.1. A. In an urban area, as
defined in section 4.2 of this article, land held in
trust under this article may be subject to a plan for the use of the land for
commercial purposes, prepared in consultation with a county, city or town in a
manner prescribed by law and pursuant to ordinances, rules and regulations of
the county, city or town in which the land is located, if those ordinances,
rules and regulations are not discriminatory as written or applied to the land
held in trust as compared to the treatment of privately owned land located in
the county, city or town. If the plan prepared for the use of the land is
incompatible with the plan prepared by the county, city or town, the elements
of the plans that are in dispute are subject to resolution in a manner
prescribed by law.
B. The plan may designate more of the land as
suitable for conservation than
would be authorized in a nondiscriminatory plan, and THE ADDITIONAL LAND is
subject to disposition, in a manner prescribed by law, if:
1. The disposition will bring benefit to other
land that is held in trust and subject to the plan. The true value of the
additional land designated as suitable for conservation is the difference, if
any, between the value of all the land that is subject to the plan assuming a
nondiscriminatory plan and the value of all the land that is subject to the
plan designating the additional land as suitable for conservation, as
determined by appraisal. The aggregate market valuation of all land that is held in trust and subject to the plan must not be diminished due to the
designation and disposition of the land as suitable for conservation.
2. The additional land designated as suitable for
conservation is disposed of to the county, city or town on the completion of
the appraisal for consideration of not less than the determined true value, which
may be provided in the form of monetary consideration OR nonmonetary
consideration, or both, in a manner prescribed by law.
3. The plan is the subject of an agreement with
the county, city or town that establishes the commercial purposes of the land that
is not designated as suitable for conservation.
4. All land that is designated as suitable for
conservation is held in trust for the same public beneficiary.
5. It is a permanent condition of any disposition
of land designated as suitable for conservation pursuant to this section that
the land will be:
(a) Restricted against development, as defined in
section 4.2 of this article.
(b) Managed and used in a manner consistent with
conservation, as defined in section 4.2 of this article.
(c) Subject to reasonable public access.
C. For the purposes of this section,
"Commercial purposes" means the use of the land for any purpose other
than agricultural or grazing purposes. END_STATUTE
START_STATUTE4.2. Conservation lands; definitions
Section 4.2. A. In an urban area,
lands that, pursuant to law, were classified as suitable for conservation
purposes before January 1, 2005 may be conveyed as conservation lands without
advertisement or auction to the city, town or county in which they are located,
but only if compensation is provided to the respective permanent fund in a
manner prescribed by law. Any dispute arising under this subsection is subject
to resolution in a manner prescribed by law.
B. The legislature shall prescribe a process by
law for designating for conservation purposes lands in an urban area that were
submitted by appropriate application for classification as suitable for
conservation purposes and were assigned a valid file number pursuant to law
before January 1, 2005, but that were not classified as suitable for
conservation purposes. All land that is designated for conservation under this
subsection must be held in trust for the same public beneficiary. These lands
may be conveyed without advertisement or auction to the city, town or county in
which they are located, but only if compensation is provided to the respective
permanent fund in a manner prescribed by law. Any dispute arising under this
subsection is subject to resolution in a manner prescribed by
law. Notwithstanding article IV, part 2, section 19, any designation
of lands pursuant to this subsection must be approved individually by law. A
law to approve the designation of conservation lands pursuant to this
subsection is subject to the power of the referendum and is not considered to
be immediately necessary for the preservation of the public peace, health or
safety or for the support and maintenance of the departments of state
government and state institutions.
C. It is a permanent condition of any conveyance
or disposition of conservation land pursuant to subsection A or B of this
section that the land will be:
1. Restricted against development.
2. Managed and used in a manner
consistent with conservation.
3. Subject to reasonable public access.
D. Any conveyance or other disposition of lands
pursuant to this section is subject to the reservation that all oil, gas, other
hydrocarbon substances, helium or other substances of a gaseous nature,
geothermal resources, coal, metals, minerals, fossils, fertilizer of every
description, uranium, thorium or any other material that is or may be
peculiarly essential to the production of fissionable materials, whether or not
of commercial value, and the exclusive right thereto, on, in or under the land,
is reserved in and retained by the state, regardless of the conveyance and the
issuance of any evidence of conveyance. A mineral reservation under this
subsection shall not include common variety minerals such as sand, gravel or
other aggregate, road base material, limestone or gypsum.
E. Nothing in this section prevents the
continuation or renewal of any lease, right-of-way or other use of the land
that was in existence as of the date of conveyance or disposition of conservation land.
F. The
designation or conveyance of conservation lands does not create or imply
restrictions on the use or management of any other land.
G. For the
purposes of this section:
1. "Conservation"
means restricting the use of the land against development.
2. "Development" means buildings and
other structures for residential, agricultural, commercial or public use but
does not include buildings, structures or other improvements existing before
January 1, 2009 or fences, paths, trails, trailheads, roadways, utility lines
and associated facilities, flood control structures and improvements, canals,
drainage improvements, wells, signage, range improvements, hunting and fishing
facilities, communications facilities, research or monitoring stations and
associated equipment or, in order to facilitate reasonable public access,
hunting and fishing, picnic, camping, parking, security, comfort, maintenance
and similar facilities that are compatible with conservation.
3. "Urban area" means:
(a) Within or adjacent to the exterior corporate
boundaries of a city or town.
(b) Within three miles outside the corporate
boundary of a city or town having a population of less than ten thousand
persons.
(c) Within five miles outside the corporate boundary
of a city or town having a population of ten thousand persons or more. END_STATUTE
4. Article X, Constitution of Arizona, is proposed
to be amended by adding section 4.3 as follows if approved by the voters and on
proclamation of the Governor:
START_STATUTE4.3. Nonurban
conservation lands; definitions
Section
4.3. A. The legislature shall prescribe a process by law
for designating for conservation purposes up to four hundred thousand acres of
land that is not located in an urban area. All land that is designated for
conservation under this subsection must be held in trust for the same public
beneficiary. These lands may be conveyed without advertisement, auction or
consideration to the county in which they are located. Notwithstanding article
IV, part 2, section 19, any designation of lands pursuant to this subsection
must be approved individually by law. A law to approve the
designation of conservation lands pursuant to this subsection is subject to the
power of the referendum and is not considered to be immediately necessary for
the preservation of the public peace, health or safety or for the support and
maintenance of the departments of state government and state institutions.
B. A
priority for considering the designation of conservation lands under subsection
A of this section is the maintenance of wildlife migration corridors.
C. It is a
permanent condition of any conveyance or disposition of conservation land pursuant to subsection A of this section that the land will be:
1. Restricted
against development.
2. Managed
and used in a manner consistent with conservation.
3. Subject
to reasonable public access.
D. Any
conveyance or other disposition of lands pursuant to this section is subject to
the reservation that all oil, gas, other hydrocarbon substances, helium or
other substances of a gaseous nature, geothermal resources, coal, metals,
minerals, fossils, fertilizer of every description, uranium, thorium or any
other material that is or may be peculiarly essential to the production of
fissionable materials, whether or not of commercial value, and the exclusive
right thereto, on, in or under the land, is reserved in and retained by the
state, regardless of the conveyance and the issuance of any evidence of
conveyance. A mineral reservation under this subsection shall not include
common variety minerals such as sand, gravel or other aggregate, road base
material, limestone or gypsum.
E. Nothing
in this section prevents the continuation or renewal of any lease, right-of-way
or other use of the land that was in existence as of the date of conveyance or
disposition of conservation land.
F. The
designation or conveyance of conservation lands does not create or imply
restrictions on the use or management of any other land.
G. For the
purposes of this section:
1. "Conservation"
means restricting the use of the land against development.
2. "Development"
means buildings and other structures for residential, agricultural, commercial
or public use but does not include buildings, structures or other improvements
existing before January 1, 2009 or fences, paths, trails, trailheads, roadways,
utility lines and associated facilities, flood control structures and improvements,
canals, drainage improvements, wells, signage, range improvements, hunting and
fishing facilities, communications facilities, research or monitoring stations
and associated equipment or, in order to facilitate reasonable public access,
hunting and fishing, picnic, camping, parking, security, comfort, maintenance
and similar facilities that are compatible with conservation.
3. "Urban
area" means:
(a) Within
or adjacent to the exterior corporate boundaries of a city or town.
(b) Within
three miles outside the corporate boundary of a city or town having a
population of less than ten thousand persons.
(c) Within
five miles outside the corporate boundary of a city or town having a population
of ten thousand persons or more.
5. Conditional repeal
Section 4 of this proposition is repealed if the initiative
styled "Conserving Arizona's Future" and designated by the Secretary
of State as C‑03-2006 is approved by the voters at the general election
held November 7, 2006 and becomes effective pursuant to article XXI,
Constitution of Arizona.
6. Submission to voters; conditional enactment
A. The Secretary of State shall submit this
proposition to the voters at the next general election as provided by article
XXI, Constitution of Arizona.
B. Sections 1, 2 and
3 of this proposition are not effective unless on or before December 31, 2008,
the Arizona-New Mexico Enabling Act (Act of June 20, 1910; 36 Stat. 557) is
amended by Congress and signed into law to authorize the amendment of the
Constitution of Arizona as proposed by sections 1 and 2 of this proposition.
On or before December 31, 2008, the state land commissioner shall notify the
director of the legislative council in writing whether or not this condition
occurred and the date the enabling act was amended.
C. Section 4 of this proposition is not effective
unless both of the following occur:
1. This proposition is approved and ratified by the
voters pursuant to subsection A of this section and the conditional repeal
described in section 5 of this proposition does not occur.
2. On or before December 31, 2008, the Arizona-New Mexico Enabling Act (Act of June 20, 1910; 36 Stat. 557) is amended by Congress and signed into law
to authorize the amendment of the Constitution of Arizona as proposed by
sections 1 and 2 of this proposition. On or before December 31, 2008, the
state land commissioner shall notify the director of the legislative council in
writing whether or not this condition occurred and the date the enabling act
was amended.
