Assigned to NRAE                                                                                                             AS PASSED BY THE SENATE

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR H.B. 2650

 

municipal general plans; open space

 

Purpose

 

Allows a municipality to designate land as open space or recreation without compensation to the landowner under certain circumstances.

 

Background

 

In 1998, legislation commonly known as the Growing Smarter Act was enacted to create an urban growth management framework to address problems associated with urban growth. Generally, this legislation (Laws 1998, Chapter 204) strengthened land planning processes by enhancing the requirements for general and comprehensive plans, provided for the acquisition and preservation of open space areas through a variety of planning and purchasing mechanisms and created a Growing Smarter Commission to make recommendations for long-term growth management.

 

The Growing Smarter Plus Act of 2000 (Laws 2000, Fourth Special Session, Chapter 1) continued the legislative effort to manage urban growth by conserving state trust land with ecological, historical and archaeological value that meets established criteria and authorizing a number of growth management tools.  One of the provisions of the Growing Smarter Plus legislation prohibits a municipality or county from designating private or state trust land as open space, recreation, conservation or agriculture unless the land owner consents in writing or an alternate, economically viable designation in the general plan or zoning ordinance allows at least one residential dwelling per acre. 

 

H.B. 2650 allows a municipality to designate land as open space if the land was zoned as open space before May 1, 2000 under certain circumstances.

 

There is no anticipated fiscal impact to the state general fund relating to the provisions of this bill.

 

Provisions

 

1.      Allows a municipality to designate land as open space without the landowner’s consent or compensation to the landowner, if all of the following apply:

 

a)      the land was zoned as open space before May 1, 2000.

b)      the land is used as a golf course.

c)      the designation does not impose limitations on the golf course. 

 

2.      Exempts state trust land that was not planned and zoned as open space by the State Land Department.

 

3.      Provides for a general effective date.

 

House Action                                                                 Senate Action

 

CM                  3/26/02            DPA    9-0-1-0                           NRAE           4/18/02     DP   5-1-2-0

3rd Read           4/8/02                          47-1-12-0           3rd Read         4/30/02             22-5-3-0

 

 

Prepared by Senate Staff

May 3, 2002