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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
state lands; partial tracts; patents
Purpose
Allows for the sale of a tract of state land that is less than one-fourth of the entire tract of sold land or less than 10 acres.
Background
The Arizona Constitution requires all state lands expressly transferred to the state by the federal government in the Enabling Act and all lands acquired by the state to be held in trust for specified beneficiaries (Ariz. Const. art. 10 § 1). The State Land Department is the trustee of Arizona's trust land and administers the state trust land and its resources.
Statute prescribes a process and requirements for the sale of state trust land at auction. When a person purchases a portion and files the certificate of purchase and full payment for the entire tract of state trust land, the State Land Department issues the purchaser a patent for the land (A.R.S. § Title 37, Chapter 2, Article 3).
Current statute prohibits a patent to be issued for less than one-fourth of the entire sold tract or less than 10 acres, whichever is smaller. Statute provides an exception: 1) if the original tract is less than 40 acres, in which case a patent may be issued for parcels of no less than 5 acres each; or 2) to patent for a right-of-way, for the actual parcel needed for the right-of-way (A.R.S. § 37-251).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Removes the prohibition on the State Land Commissioner issuing a patent for a tract of land that is less than one-fourth of the entire tract or less than 10 acres.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
January 11, 2021
KN/gs