House of Representatives

HB 2380

adverse possession

Sponsors: Representatives McClure, Cooley, Avelar, Binder, et al.

 

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Committee on Judiciary

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Committee on Counties & Municipalities

 

Caucus and COW

 

Third Read

 

 

As Passed the House

 

HB 2380 extends the time period required for a person to acquire complete title to residential real property and requires the adverse possessor who prevails in court to pay the owner of the residential property the fair market value of the property.

Current Status

HB 2380 passed the Judiciary Committee unamended.

A proposed strike-everything amendment will be offered in the Committee on Counties and Municipalities.

The proposed strike-everything amendment to HB 2380 requires city and county plans to recognize existing water law; prohibits regulation or reduction of grazing or general agricultural activities and provides a method for a landowner to resolve disputes with cities and counties.

History

Cities are required to adopt a general plan which is a municipal statement of land development policies that outlines the principals and standards for local growth. Each county board of supervisors is required to adopt a comprehensive long-term county plan.  The plans may include maps, charts or graphs.  The process for drafting, approval and administration of a city general plan is outlined in statute under Title 9, and the requirements for a county comprehensive plan are outlined in statute in Title 11.

Provisions of the Counties and Municipalities strike-everything amendment:

·              Prohibits a water resources element of a city or county plan from affecting any rights, privileges or authority granted pursuant to Arizona water law.

·              Stipulates that a city or county plan cannot regulate or reduce existing grazing or general agricultural activities if those activities are conducted on 5 or more contiguous acres of private, state or federal land.

·              Requires cities and counties to provide a process for a landowner to resolve disputes regarding designation of private or state trust land as open space.

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·              45th Legislature               

·              Second Regular Session   2          March 27, 2002

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