Arizona State Legislature

Bill Title public roadways; disposition
Hispanic Sponsors AZ Rep. Tony Rivero (R-AZ-021)
Date Introduced 02/05/2018
NHCSL Task Force
Energy, Infrastructure and Environment
Primary Issue Area Geographic Areas, Entities, and Committees
Issue Areas
Session 53rd Legislature - 2nd Regular Session


HB2632 - 532R - House Bill Summary ARIZONA HOUSE OF REPRESENTATIVES HB 2632: public roadways; disposition PRIME SPONSOR: Representative Rivero, LD 21 BILL STATUS: House Engrossed Abstract Relating to the sale land within roadways. Provisions 1. Authorizes a city or town, BOS and transportation board to sell and convey land within the roadway by instruments other than a quitclaim deed. (Sec. 1) 2. Requires an abutting owner who elects to purchase the land within the roadway to purchase the entire portion of the land that the owner would be entitled to if the governing body had resolved to vacate the roadway. (Sec. 1) 3. Asserts that if the governing body fails to demonstrate the amount paid for the land, the amount is deemed to have been $0. (Sec. 1) 4. Exempts the sale or conveyance of land within a roadway to an abutting owner from the requirement to pay an amount determined by the governing body. (Sec. 2) 5. Allows the governing body to sell the land in a reasonable manner without waiting 60 days if: a. More than 50% of the abutting owners, by area not number, provide written notice to the governing body that they want the land to be auctioned; and b. The written notice is provided at least 30 days before the date of the sale. (Sec. 1) 6. Excludes the auction land within a roadway, after receiving the above notice, from requirements that: a. The abutting property owners pay an amount determined by the governing board; and b. The governing board consider certain factors when determining that amount. (Sec. 2) 7. Modifies the definition of abutting owner. (Sec. 1) 8. Makes conforming changes. (Sec. 1) Current Law A governing board may authorize ADOT to sell land within the roadway or portion of the roadway by quitclaim deed. At least 60 days before the date of the sale, notice must be posted in at least three places along the roadway and be delivered to abutting owners of record. A written offer to purchase the portion of the land, or part of that portion, from an abutting owner must be preferred above all others if: 1) the owner would be entitled to that portion of land if the governing board had resolved to vacate the roadway; 2) the offer is for the amount paid by the governing body that first acquired the land for public use; and 3) the owner submits the offer in a timely manner (A.R.S. SS 28-7204). ---------- DOCUMENT FOOTER --------- Fifty-third Legislature HB 2632 Second Regular Session Version 3: House Engrossed ---------- DOCUMENT FOOTER ---------