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House Engrossed Senate Bill |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1040 |
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AN ACT
amending sections 28-6701 and 28-6702, Arizona Revised Statutes; relating to county highways.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-6701, Arizona Revised Statutes, is amended to read:
28-6701. Establishing, altering or abandoning local highway
A. The board of supervisors may establish, alter or abandon a highway in the county and other legal subdivisions and acquire real property for these purposes by purchase, donation, dedication, condemnation or other lawful means.
B. A highway in the county or any other legal subdivision may be established or altered by the county engineer's recommendation or by presentation of a petition that is signed by ten or more resident taxpayers of the county to the board of supervisors or to the board of supervisors by the governing body of a legal subdivision, that requests that a highway be established or altered and that gives the highway's beginning, end, general course and direction. The board of supervisors may either reject the recommendation or petition or act on the recommendation or petition as prescribed by this article.
C. The board of supervisors may abandon or vacate these highways by resolution as provided in chapter 20, article 8 of this title, except that, notwithstanding section 28-7211, at least sixty days before the resolution is effective pursuant to section 28-7213, the board of supervisors shall give written notice by certified mail to the owners of the land abutting the highway or portion of the highway to be abandoned or vacated. the board of supervisors shall not resolve to abandon or vacate a highway unless a majority of the owners of the land abutting the highway or portion of the highway approve of the action to abandon or vacate the highway.
D. The county engineer's recommendation process to establish or alter a highway as described in subsection B of this section does not apply to the abandonment of a road that was granted under revised statute 2477 (43 United States Code section 932) that was enacted by the United States Congress in 1866.
Sec. 2. Section 28-6702, Arizona Revised Statutes, is amended to read:
28-6702. Proposed highway survey; notice of hearing
A. On filing the petition prescribed in section 28‑6701, the board of supervisors shall:
1. Direct the county engineer to make a survey of the proposed highway and to file with the board a report of the proposed highway and a map as surveyed that shows the legal subdivision of the lands traversed by the survey. If a survey and maps have already been made for any purpose, these data and maps may be used instead of conducting a survey pursuant to this section.
2. Set a date for a public hearing on the petition.
3. Give notice to the public of the hearing by advertising once a week for two consecutive weeks in a newspaper of general circulation in the county. The notice shall state the purpose and the date of the hearing and shall direct all persons desiring to object to the action requested in the recommendation or petition to file with the board of supervisors a statement in writing setting forth their objection or opposition, and to show cause why the recommendation or petition should not be granted.
B. On receipt of a recommendation by the county engineer pursuant to section 28‑6701, the board of supervisors shall comply with subsection A, paragraphs 2 and 3 of this section.