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State Trust Lands:
NOW: state trust lands; public use

Our Position: monitor
Bill Number: HCR2039
Sponsor: Nelson
Legislative Session: 2007 Legislative Session

It referred to the ballot a constitutional amendment which represented an attempt by various interests to try and conserve some of the urban state trust lands, including lands in Scottsdale, Pima County, Coconino County, etc.  It included about 195,000 acres, all of which would have to be bought at true value, but without auction.  This measure would not have been comprehensive reform or address rural lands, but could have conserved the urban state trust lands that communities have been trying to protect.  The pre-1968 easements could be conveyed without the trust receiving any compensation per this measure.  New rights-of-way could also be conveyed without auction. 

Status

The bill continued to be in purgatory through the end of the session as the Governor, The Nature Conservancy, the Arizona Education Association, and Senators Allen and O'Halleran all opposed to it.  We will be working on something for next session.

Action Needed

Contact

Background

HCR2039 proposed to amend the state constitution relating to disposition of state trust land.  The proposal would be submitted to the voters at the November 2008 general election.  The ballot measure provided opportunities for conservation of open space and conveyance of rights-of-way.

• Up to about 195,000 acres of lands that are suitable for conservation, primarily in urban areas, may be sold for appraised value, without advertisement or auction, under specified circumstances and for monetary or non-monetary consideration.  The specific parcels will be listed in a companion bill.  A written purchase agreement must be finalized within four years after enactment.
• Rights of way for public roadways may be granted to a governmental entity, without further consideration (i.e., no money), if the right of way was established before January 1, 1968 and the roadway has been used or maintained since that time.
• Rights of way for roadways, utilities, flood control purposes and drainage can be sold for appraised value, without advertisement or auction, for monetary and non-monetary consideration, as prescribed by law.