REFERENCE TITLE: state land auctions; electronic means





State of Arizona


Fifty-sixth Legislature

Second Regular Session





SB 1079


Introduced by

Senators Kerr: Carroll, Diaz, Gowan, Sundareshan;  Representatives Dunn, Montenegro, Quiñonez









An Act


amending sections 37-236, 37-237 and 37-238, Arizona Revised Statutes; relating to the sale of state lands.





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

Section 1. Section 37-236, Arizona Revised Statutes, is amended to read:

START_STATUTE37-236. Order by department of sale of lands; sale at auction; electronic means; cancellation of sale; appeal; exception

A. Upon On completion of the appraisal, if the department determines that the interests of the this state will not be prejudiced by sale of the land, or when application for purchase was made by the lessee of agricultural land entitled to compensation for improvements on the land appraised, within sixty days after the time for taking an appeal expires and no appeal is taken, or if an appeal is taken and the decision is against appellant, within sixty days after the decision is received, the department shall order the sale of the lands to the highest and best bidder therefor at public auction held at the county seat of the county wherein in which the land or the major portion thereof of the land is located, and the department shall give notice of the sale by advertisement.

B. Notwithstanding any other law, the department may accept bids offered through electronic means during a public auction. If the department accepts bids offered through electronic means, the department is not liable for the failure of the electronic means during the public auction that prevents a person from participating in the public auction.

B. C. If the commissioner receives information which that indicates a change in the circumstances regarding the benefits to the trust but prior to before the acceptance of a final bid at the public auction, the commissioner may cancel the sale proceedings.

C. D. A person adversely affected by a decision to terminate a sale pursuant to subsection C of this section may appeal such decision to the board of appeals pursuant to section 37-215, except a person may not file an appeal on the basis of an ELECTRONIC means failure. END_STATUTE

Sec. 2. Section 37-237, Arizona Revised Statutes, is amended to read:

START_STATUTE37-237. Notice required for sale of lands or lands and improvements; publication; electronic means

Notice of sales of state lands shall be by advertisement, stating the time, place and terms of the sale and a full description of the land. The notice shall be published once each week for not less than ten successive weeks in a newspaper of general circulation published regularly at the state capital, and in a newspaper of like circulation regularly published nearest the location of the lands to be sold. If the notice is for the sale of lands and improvements, the advertisement shall also state the appraised value of the improvements, the name of the owner thereof and the terms upon on which compensation therefor shall be made. IF the department accepts bids through ELECTRONIC means, the Department shall include in the notice a link or other instructions to access the electronic means through which a person can offer bids during the public auction. END_STATUTE

Sec. 3. Section 37-238, Arizona Revised Statutes, is amended to read:

START_STATUTE37-238. Procedure for sale; report of sale; posting

A. A representative of The state land department shall attend at the time and place fixed for the sale and proceed by first announcing information relevant to the sale sufficient, in the representative's judgment, to begin the bidding process, then calling for bids and selling the lands for the highest and best bid may prescribe the procedure, method and means for the sale of state lands pursuant to this chapter.

B. The department shall prepare a written report of the sale and post the report on the department's website.

C. The sale may be adjourned from day to day, or the department may dissolve the sale and readvertise the lands. END_STATUTE