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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 2168: public nuisance action; consent requirement
Sponsor: Representative Diaz, LD 19
Committee on Land, Agriculture & Rural Affairs
Overview
Requires the Attorney General (AG) obtain consent from the Board of Supervisor before bringing an action in superior court relating to public nuisances.
History
Current law allows the county attorney, the AG or the city attorney to bring an action in superior court to abate, enjoin and prevent activities that constitute as public nuisance (A.R.S. § 13-2917).
The superior court is the state’s general jurisdiction court. It is a single entity with locations in each county. Each county has at least one superior court judge. In counties with more than one superior court judge, the judges operate in numbered divisions.
Article VI § 14 of the Arizona Constitution provides the superior court with jurisdiction that includes but is not limited to:
1) cases and proceedings in which exclusive jurisdiction is not vested by law in another court;
2) equity cases that involve title to or possession of real property or the legality of any tax, assessment, toll or municipal ordinance;
3) other cases in which the value of property in question is $1,000 or more, exclusive of interest and costs;
4) criminal cases amounting to a felony, and misdemeanor cases not otherwise provided for by law;
5) forcible entry and detainer actions (evictions of renters); and
6) actions to prevent or stop nuisances (Arizona Judicial Branch).
Provisions
1. Requires the AG gain consent from the Board of Supervisor to be allowed to bring an action in superior court relating to public nuisance. (Sec. 1)
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Initials CW HB 2168
1/28/2026 Page 0 Land, Agriculture & Rural Affairs
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