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REFERENCE TITLE: state trust lands; veterans cemeteries |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SCR 1030 |
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Introduced by Senator Antenori; Representatives Gowan, Harper, Stevens, Vogt: Montenegro
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A CONCURRENT RESOLUTION
Proposing an amendment to the Constitution of Arizona; amending article X, sections 1, 3 and 4, Constitution of Arizona; relating to state trust lands; providing for conditional enactment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Article X, sections 1, 3 and 4, Constitution of Arizona, are proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
1. Acceptance and holding of lands by state in trust
Section 1. A. All lands expressly transferred and confirmed to the state by the provisions of the Enabling Act approved June 20, 1910, including all lands granted to the state and all lands heretofore granted to the Territory of Arizona, and all lands otherwise acquired by the state, shall be by the state accepted and held in trust to be disposed of in whole or in part, only in manner as in the said Enabling Act and in this Constitution provided, and for the several objects specified in the respective granting and confirmatory provisions. The natural products and money proceeds of any of said lands shall be subject to the same trusts as the lands producing the same.
B. The legislature may provide by law for the reassignment of the lands granted among the beneficiaries of the trusts if the value of the reallocated lands among the affected trusts remains substantially the same.
3. Mortgage or other encumbrance; sale or lease at public auction; exceptions
Section 3. A. No mortgage or other encumbrance of the said lands, or any part thereof, shall be valid in favor of any person or for any purpose or under any circumstances whatsoever.
B. Except as provided in subsection D of this section, said lands shall not be sold or leased, in whole or in part, except to the highest and best bidder at a public auction to be held at the county seat of the county wherein the lands to be affected, or the major portion thereof, shall lie, notice of which public auction shall first have been duly given by advertisement, which shall set forth the nature, time and place of the transaction to be had, with a full description of the lands to be offered, and be published once each week for not less than ten successive weeks in a newspaper of general circulation published regularly at the state capital, and in that newspaper of like circulation which shall then be regularly published nearest to the location of the lands so offered. ; nor shall any
C. No sale or contract for the sale of any timber or other natural product of such lands shall be made, save at the place, in the manner, and after the notice by publication provided for sales and leases of the lands themselves.
D. Nothing herein in this section, or elsewhere in this article X contained, shall prevent:
1. The leasing of any of the lands referred to in this article in such manner as the legislature may prescribe, for grazing, agricultural, commercial and homesite purposes, for a term of ten years or less, without advertisement. ;
2. The leasing of any of said lands, in such manner as the legislature may prescribe, whether or not also leased for grazing and agricultural purposes, for mineral purposes, other than for the exploration, development, and production of oil, gas and other hydrocarbon substances, for a term of twenty years or less, without advertisement. , or,
3. The leasing of any of said lands, whether or not also leased for other purposes, for the exploration, development, and production of oil, gas and other hydrocarbon substances on, in or under said lands for an initial term of twenty (20) years or less and as long thereafter as oil, gas or other hydrocarbon substance may be procured therefrom in paying quantities, the leases to be made in any manner, with or without advertisement, bidding, or appraisement, and under such terms and provisions, as the legislature may prescribe, the terms and provisions to include a reservation of a royalty to the state of not less than twelve and one-half per cent of production.
4. The disposition of lands without advertisement or auction for use as veterans' cemeteries as provided by law and subject to the following conditions:
(a) The lands shall be conveyed to a state or federal agency or institution established solely for the benefit of veterans of the uniformed services of the United States.
(b) Each parcel shall be located in an urbanized area of this state selected by the veterans' services agency or institution according to need. Each parcel must be selected from lands held in trust for legislative, executive and judicial public buildings. The cumulative statewide total of lands conveyed for the purposes of this paragraph shall not exceed two hundred fifty acres.
(c) The provisions of section 10 of this article relating to compensation of existing lessees apply to any disposition of lands under this paragraph.
(d) EAch conveyance shall provide for the reversion of any lands to this state if the land is not put into use as a veterans' cemetery within five years after the date of conveyance. Any reverted lands return to the trust from which they were originally selected.
4. Sale or other disposal; appraisal; minimum price; credit; passing of title
Section 4. A. All lands, lease-holds leaseholds, timber, and other products of land, before being offered, shall be appraised at their true value. , and Except as provided in subsection B of this section, no sale or other disposal thereof shall be made for a consideration less than the value so ascertained, nor in any case less than the minimum price hereinafter fixed, nor upon credit unless accompanied by ample security, and the legal title shall not be deemed to have passed until the consideration shall have been paid.
B. Subsection A of this section or any other provision of this article shall not prevent the disposition of land without consideration for use as veterans' cemeteries, as provided by section 3, subsection D, paragraph 4 of this article.
2. Submission to voters; conditional enactment
A. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.
B. This proposition is not effective unless both of the following occur:
1. This proposition is approved and ratified by the voters pursuant to subsection A of this section.
2. On or before December 31, 2014, the Arizona-New Mexico Enabling Act (Act of June 20, 1910; 36 Stat. 557) is amended by Congress and signed into law to authorize the amendment of the Constitution of Arizona as proposed by section 1 of this proposition. On or before December 31, 2014, the state land commissioner shall notify the director of the legislative council in writing whether this condition occurred and the date the enabling act was amended.