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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HOUSE BILL 2632 |
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AN ACT
amending sections 28‑7204 and 28‑7208, Arizona Revised Statutes; relating to the disposition of public roadways.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-7204, Arizona Revised Statutes, is amended to read:
28-7204. Roadway sale; definition
A. The governing body may authorize the director to sell and convey the land within the roadway or portion of the roadway by quitclaim deed or other appropriate instrument.
B. On conveyance, the roadway or portion of the roadway is deemed vacated, title to the roadway or portion of the roadway vests in the grantee and, if the grantee is an abutting owner, title vests subject to the same encumbrances, liens, limitations, restrictions and estates as exist on the grantee's abutting land.
C. At least sixty days before the date of the sale, a notice of sale describing the roadway or portion of the roadway to be sold shall:
1. Be posted at intervals of no more than one mile and in at least three places on or along the side of the roadway.
2. Make specific reference to this section.
3. State that a person may submit purchase offers and that abutting owners have preference rights pursuant to this article.
4. Be delivered or mailed to abutting owners of record if their addresses are known or can be readily discovered.
D. Abutting owners of record in whom title to a portion of the roadway would vest under section 28‑7205 Except as provided in subsection E of this section, an abutting owner may deliver, at the sale or at any time before the sale, to the clerk or secretary of the governing body or the director, in the case of this state, a written offer to purchase the portion or a part of the portion land to which the abutting owner is entitled for the consideration paid for the land by the city, town, county or state, whichever first acquired the land within the roadway for public use. In the absence of a demonstration to the contrary by this state or the city, town or county, the amount of consideration deemed to have been paid for the land is zero. If an offer is submitted in a timely manner, it shall be preferred over all other offers.
E. If, at least thirty days before the date of a sale pursuant to this section, abutting owners that comprise more than fifty percent of the land that is the subject of the sale provide written notice to the clerk or secretary of the governing body or the director, in the case of this state, stating that the abutting owners elect that the land be auctioned by this state or the city, town or county, the sale shall be conducted. If the abutting owners elect to have the land auctioned pursuant to this subsection, this state or the city, town or county may sell all of the roadway or portion of the roadway to the grantee in a reasonable manner for an amount of consideration it deems advisable.
E. F. In the absence of an offer prescribed in subsection D of this section or an election prescribed in subsection E of this section, the governing body or the director, in the case of this state, may sell the roadway or portion of the roadway for an amount of consideration it deems advisable.
F. G. A quitclaim deed or other appropriate instrument issued under this section creates a presumption of compliance with the requirements of this article relating to the sale of the roadway or portion of the roadway, including recording, mailing and posting the notice of the sale and conducting the sale. The deed or other appropriate instrument is conclusive evidence of meeting these requirements in favor of purchasers and encumbrancers for value and without actual notice. Knowledge of the grantor shall not be imputed to the grantee.
G. H. For the purposes of this section, "abutting owner" means the original owner of the vacated roadway or the original owner's heirs who have previously had record in whom title to a portion of the property acquired for roadway purposes and thereafter are left with an abutting remainder of property over which they still retain direct ownership roadway would vest under section 28‑7205.
Sec. 2. Section 28-7208, Arizona Revised Statutes, is amended to read:
28-7208. Consideration required
Notwithstanding any other law, except as provided in section 28‑7204, subsections D and E and section 28‑7215, vesting of title pursuant to sections 28‑7205, 28‑7206 and 28‑7207 is subject to the giving of consideration from the owner of the abutting property to the governing body in an amount deemed by the governing body to be commensurate with the value of the abandoned roadway. The governing body shall give due consideration to its degree of fragmentation and marketability and any other public benefit received by the governing body in return for the abandoned roadway in determining the amount of consideration.