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REFERENCE TITLE: eminent domain on federal property. |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1546 |
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Introduced by Senator Melvin
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AN ACT
Amending title 12, chapter 8, article 2, Arizona Revised Statutes, by adding section 12-1114.01; relating to eminent domain.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 8, article 2, Arizona Revised Statutes, is amended by adding section 12-1114.01, to read:
12-1114.01. Property of the United States subject to condemnation; duty of attorney general to file action
A. Property that may be taken under this article includes property possessed by the United States government unless the property was acquired by the federal government with the consent of the legislature pursuant to article I, section 8, clause 17, Constitution of the United States.
B. This state shall be the plaintiff described in this article in an action to condemn property described in subsection A.
C. The attorney general shall file eminent domain actions on property possessed by the United States government described in subsection A:
1. That facilitate this state's ability to manage, or provide access to, or increase the profitability of, the lands owned or held in trust by this state for the benefit of public schools and other institutions of this state consistent with this state's fiduciary responsibilities toward the beneficiaries of the trust lands.
2. For a public use that increases the ability of this state to generate revenue.