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REFERENCE TITLE: state lands; improvements; reimbursement; ineligibility |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1758 |
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Introduced by Senator Sundareshan
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AN ACT
Amending section 37-321, Arizona Revised Statutes; RELATING to state lands.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 37-321, Arizona Revised Statutes, is amended to read:
37-321. Permission required for person other than holder of certificate of purchase to make improvements; forfeiture for failure to obtain permission; report of improvements
A. Except as otherwise provided in section 37-323, if a lessee, a permittee or other another person having a legal interest in state lands, other than a holder of a certificate of purchase, desires to construct or make improvements upon on the lands, he shall first file with the department an application for permission to construct or make the improvements unless improvement authorization is contained within the terms of the lease. The application shall be allowed or rejected as the best interest of the this state requires as determined by the department. Unless permission is granted by the department, the applicant shall is not be entitled to reimbursement or compensation for improvements placed upon on the state lands. except as provided in section 37-322.02, subsection B, regarding the department's sale of IMPROVEMENTS, a lessee that makes IMPROVEMENTS on leased state lands is not ELIGIBLE for reimbursement or compensation from the department for those improvements placed on the leased state lands. Upon on expiration or cancellation of the lessee's lease or permit, improvements placed on the land without approval shall be forfeited and become the property of the this state.
B. The owner of improvements placed upon on state lands by a lessee, a permittee or any other person having a legal interest in state lands shall prior to December 31, 1965, unless such time is extended by the department, report to the department in writing the description of the improvements, their location and the actual current cash value thereof. The improvements reported as provided by this subsection shall be allowed or rejected as the best interest of the state requires, as determined by the department.
C. Improvements placed on state land granted to the territory of Arizona by the act of Congress approved January 27, 1894, or placed on land to which the this state gains title by any determination, by a person who is not a lessee or permittee may be reported to the department after the person becomes a lessee or permittee. The improvements shall be allowed or rejected as the best interests of the state require, as determined by the department.
D. The department may, from time to time, but not more frequently than once a year, may require from any lessee or permittee or the person having a legal interest in state lands information concerning the improvements. Failure to make the report shall, in the discretion of the department, shall subject the improvements to forfeiture to the this state.