Article 10 Section 12 - Land exchanges; purposes; notice; hearings; submission to the voters
12. Land exchanges; purposes; notice; hearings;
submission to the voters
Section 12. A. The legislature shall provide a process by law for
exchanging lands granted or confirmed by the enabling act for public lands in
this state under the terms and conditions prescribed by this section.
B. The purpose of the exchange must be either:
1. To assist in preserving and protecting military facilities in this
state from encroaching development.
2. To improve the management of state lands for the purpose of sale or
lease or conversion to public use of state lands.
C. Before the public hearings are held pursuant to subsection D,
paragraph 3 of this section:
1. At least two independent appraisals must be made available to the
public showing that the true value of any lands the state receives in the
exchange equals or exceeds the true value of the lands the state conveys.
2. At least two independent analyses of the proposed exchange must be
made available to the public showing:
(a) The income to the trust before the exchange from all lands the
state conveys and the projected income to the trust after the exchange from
all lands the state receives.
(b) The fiscal impact of the exchange on each county, city, town and
school district in which all the lands involved in the exchange are located.
(c) The physical, economic and natural resource impacts of the proposed
exchange on the surrounding or directly adjacent local community and the
impacts on local land uses and land use plans.
D. Land may not be exchanged unless:
1. The exchange is in the best interest of the state land trust.
2. Public notice of the proposed exchange includes full disclosure of
all details of the transaction, the ownership of all parcels of the lands
involved in the exchange, including independent and ancillary parties, a legal
and general description of the location of all parcels of the lands and the
appraised value of all parcels of the lands.
3. Public hearings are held at the state capital and in a location of
general accessibility in the vicinity of the state lands being
exchanged. Notice of the time and place of the hearings must be given
beginning at least six weeks before each hearing in a manner prescribed by
law. During this period, a process shall be provided for public comment on the
4. The exchange is approved by the qualified electors of this state in
the manner of a referendum pursuant to article IV, part 1, section 1 at the
next regular general election. To be approved, the proposition must receive an
affirmative vote of a majority of the qualified electors voting on the
E. Land exchanges are not considered to be sales for the purposes of