ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

Senate: GOV DP 6-1-0-0 | 3rd Read 27-0-3-0

House: LARA DP 11-0-0-0

SB 1594: state lands; annexation; delegation; minerals

Sponsor: Senator Kerr, LD 13

Caucus & COW

Overview

Authorizes a municipality or developer to enter into a pre-annexation agreement with a property owner in which the owner agrees to future annexation. Prohibits the State Land Department from delegating control of state trust lands except to state agencies. Asserts the right to explore and develop mineral resources on urban state trust lands without additional permits or approvals from local planning authorities.

History

Municipal Annexation

To annex adjoining lands, a municipality must file a blank petition with the appropriate county recorder that contains a description and map of the proposed annexation (A.R.S. §§ 9-471(A)(1)). After this petition is filed, a municipal governing body will hold a public hearing to discuss the proposed annexation (A.R.S. §§ 9-471(A)(3)). Within a year, a completed petition signed by both of the following groups who would be subject to the annexation must be filed with the county recorder:

· Owners of at least 50% of the value of real and personal property

· At least 50% of those owning real and personal property (A.R.S. §§ 9-471(A)(4)).

Annexations that include state trust lands, except those used as state rights-of-way or land held by the state by tax deed, must be approved by the State Land Commissioner and Selection Board (A.R.S. §§ 9-471(A)(1) and 37-202(G)).

Developing State Trust Lands

The State Land Department manages state trust lands and any natural products of these lands (A.R.S. § 37-102(B)). To that end, this agency can lease these lands for mineral development, which includes mineral compounds, aggregates and coal (A.R.S. § 37-132(A)(6) and R12-5-1805 et seq.).

The State Land Commissioner, who leads this agency, makes long-range plans for the future use of state trust lands with other state agencies and local planning authorities (A.R.S. § 37-132(A)(3)). For example, this official creates a conceptual land use plan for certain state trust lands that are within three miles of a municipality. This plan details appropriate land uses, transportation corridors and infrastructure requirements, and all constraints and opportunities associated with the lands (A.R.S. §§ 37-331.01 and 37-331.03). A municipal planning agency preparing a general plan must work with the State Land Department to integrate its conceptual state land use plans into the municipality's general plan (A.R.S. § 9-461.05(A)).

 

 

 

 

Provisions

Pre-Annexation Agreement

1.   Authorizes a municipality or developer to enter into a pre-annexation agreement with a property owner in which the owner agrees to a future annexation that includes the owner's property. (Sec. 1)

2.   Exempts an owner who has signed a pre-annexation agreement from signing an annexation petition. (Sec. 1)

3.   Includes the property owner who signed the pre-annexation agreement and the owner's property when calculating the thresholds that an annexation petition must meet. (Sec. 1)

Developing State Trust Lands

4.   Prohibits the State Land Department from delegating any charge or control of state trust lands except as authorized by law to an agency as defined in statute. (Sec. 2)

5.   Assert, for urban state trust lands, that the rights to explore and develop mineral resources under statute continue without additional permits or approvals from local planning authorities. (Sec. 4)

Miscellaneous

6.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes technical changes. (Sec. 1)

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10.                    SB 1594

11.  Initials PAB           Page 0 Caucus & COW

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