REFERENCE TITLE: state lands; perpetual rights-of-way




State of Arizona

House of Representatives

Fifty-third Legislature

First Regular Session




HB 2095


Introduced by

Representative Bowers





Amending section 37-461, Arizona Revised Statutes; relating to state lands.





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

Section 1.  Heading change

The article heading of title 37, chapter 2, article 10, Arizona Revised Statutes, is changed from "RIGHTS OF WAY AND SITES FOR PUBLIC USES" to "RIGHTS‑OF‑WAY AND SITES FOR PUBLIC USES".

Sec. 2.  Section 37-461, Arizona Revised Statutes, is amended to read:

START_STATUTE37-461.  Grants of rights‑of‑way and sites for public uses

A.  The department may grant rights‑of‑way for any purpose it the department deems necessary, and sites for reservoirs, dams and power or irrigation plants, or other purposes, on and over state lands, subject to terms and conditions the department imposes.  The department may make rules respecting the granting and maintenance of such rights‑of‑way and sites.

B.  The department may grant rights‑of‑way for transportation purposes to federal agencies, state agencies or political subdivisions of this state for nonexclusive uses for a term exceeding ten years without a public auction.  If a grant of a right‑of‑way or site to any other entity amounts to the disposition of or conveys a perpetual right to use the surface of the land, the department shall grant the right‑of‑way or site at public auction to the highest and best bidder.

C.  The department may grant rights‑of‑way to any person for nonexclusive uses for a term of not more than fifty years without a public auction.

D.  The department shall grant a perpetual right‑of‑way, after conducting an appraisal, at public auction to the highest and best bidder if the grant of a perpetual right‑of‑way is for the purpose of providing legal access to private property to which access across state land is the historic access or is necessary because state or federal land surrounds the private property.  If the right‑of‑way has been in use by the private property owner and new road construction is not necessary to provide legal access to the private property, the department is not required to comply with sections 41‑861, 41‑862, 41‑863 and 41‑864.  The department may relocate the right‑of‑way if development of the state land requires the right‑of‑way to be relocated. END_STATUTE