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REFERENCE TITLE: private property access; rights-of-way |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2157 |
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Introduced by Representative Bowers
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AN ACT
Amending Section 33-2401, Arizona Revised Statutes; relating to access to private property.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-2401, Arizona Revised Statutes, is amended to read:
33-2401. Access to private property
A. Notwithstanding any other law, reasonable access to private property at the private property owner's discretion shall not be denied by this state or any political subdivision of this state.
B. This state or any political subdivision of this state shall grant a perpetual right‑of‑way to the owner of private property if the grant of a perpetual right‑of‑way is for the purpose of providing legal access to private property to which access across land owned by this state or any political subdivision of this state is necessary because land owned by this state, any political subdivision of this state or the federal government surrounds the private property.
C. If the right‑of‑way has been in use by the property owner and new road construction is not required, this state is not required to comply with sections 41‑861, 41‑862 and 41‑864.
D. This state or any political subdivision of this state may relocate the right‑of‑way if development of the land owned by this state or any political subdivision of this state requires the right‑of‑way to be relocated.