PLEASE NOTE: In most BUT NOT ALL instances, the page and line numbering of bills on this web site correspond to the page and line numbering of the official printed version of the bills.
------------------------------------------------------------------------------------------ ¦ REFERENCE TITLE: county acquisition of development rights ¦ ------------------------------------------------------------------------------------------ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fifth Legislature ¦ ¦ Second Regular Session ¦ ¦ 2002 ¦ ¦ ¦ ------------------------------------------------------------------------------------------ ¦ HB 2104 ¦ ------------------------------------------------------------------------------------------ ¦ Introduced by ¦ ¦ Representatives Huffman, Hershberger, O'Halleran, Senator Valadez: Representative ¦ ¦ Gullett ¦ ------------------------------------------------------------------------------------------
AN ACT
AMENDING TITLE 11, CHAPTER 2, ARTICLE 4, ARIZONA REVISED STATUTES, BY ADDING SECTION 11-254.05; RELATING TO COUNTY POWERS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-254.05, to read:
11-254.05. Purchase, lease or transfer of development rights; definition
A. THE BOARD OF SUPERVISORS, BY RESOLUTION, MAY PURCHASE, LEASE OR TRANSFER THE DEVELOPMENT RIGHTS OF PRIVATE LAND IN THE COUNTY WITH MONIES FROM THE DEVELOPMENT RIGHTS RETIREMENT FUND, ESTABLISHED BY SECTION 41-511.15, OR FROM ANY OTHER PUBLIC OR PRIVATE SOURCE. THE BOARD MAY NOT EXERCISE THE POWER OF EMINENT DOMAIN TO ACQUIRE DEVELOPMENT RIGHTS BUT MAY ACQUIRE DEVELOPMENT RIGHTS ONLY FROM WILLING PROPERTY OWNERS.
B. DEVELOPMENT RIGHTS MAY BE ACQUIRED ONLY FOR THE FOLLOWING PURPOSES:
1. TO ESTABLISH BUFFER ZONES FROM DEVELOPING URBAN AREAS.
2. TO PRESERVE HABITAT OR OPEN SPACE.
3. TO SUSTAIN THE CULTURE AND HERITAGE OF AGRICULTURE AND RANCHING ACTIVITIES IN THE COUNTY.
4. TO PRESERVE ARCHAEOLOGICAL RESOURCES OR HISTORIC PROPERTIES.
5. TO IMPLEMENT A PLAN ADOPTED BY THE BOARD OF SUPERVISORS TO COMPLY WITH THE REQUIREMENTS OF THE ENDANGERED SPECIES ACT OF 1973 (P.L. 205; 87 STAT. 884; 16 UNITED STATES CODE SECTIONS 1531 THROUGH 1599).
C. THE BOARD SHALL:
1. DETERMINE THAT THE POTENTIAL SELLER, LESSOR OR TRANSFEROR OF THE DEVELOPMENT RIGHTS IS FULLY INFORMED AS TO THE EFFECTS AND CONSEQUENCES ON THE VALUE OF THE LAND.
2. HOLD A PUBLIC HEARING BEFORE ADOPTING ANY RESOLUTION TO ACQUIRE DEVELOPMENT RIGHTS.
3. IN THE CASE OF A PURCHASE OF DEVELOPMENT RIGHTS, AGREE IN PERPETUITY NOT TO EXERCISE THE DEVELOPMENT RIGHTS AND REQUIRE THE SELLER TO AGREE THAT THE LAND SHALL REMAIN AS OPEN SPACE.
4. IN THE CASE OF A LEASE OF DEVELOPMENT RIGHTS, AGREE NOT TO EXERCISE THE DEVELOPMENT RIGHTS AND REQUIRE THE LESSOR TO AGREE THAT THE LAND SHALL REMAIN AS OPEN SPACE FOR THE TERM OF THE LEASE. THE TERM OF THE LEASE MUST BE AT LEAST TWENTY-FIVE YEARS.
5. IN ALL CASES, PURCHASE, LEASE OR TRANSFER THE DEVELOPMENT RIGHTS AT NO LESS THAN MARKET VALUE.
D. FOR PURPOSES OF THIS SECTION, "ACQUIRE DEVELOPMENT RIGHTS" MEANS THE PURCHASE, LEASE OR TRANSFER OF A NONPOSSESSORY INTEREST IN REAL PROPERTY THAT REQUIRES THE OWNER OF THE REAL PROPERTY TO AGREE TO CONSERVE THE LAND AS OPEN SPACE OR TO PRESERVE THE HISTORICAL, ARCHITECTURAL, ARCHAEOLOGICAL OR CULTURAL ASPECTS OF THE REAL PROPERTY IN PERPETUITY, IF PURCHASED, OR FOR THE TERM OF THE LEASE, IF LEASED.