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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
annexation; pre-annexation agreements
Purpose
Allows a city, town or developer to enter into a pre-annexation agreement with a property owner and includes the property owner in the calculation of the minimum number of required annexation petition signatures. Prohibits the Arizona State Land Department (ASLD) from delegating charge or control of state lands, except to certain state agencies. Asserts that the rights to explore and develop mineral resources under state law continue without additional permits or approvals from local government authorities.
Background
A city or town may extend or increase the corporate limits of the city or town by annexing contiguous territory. To annex territory, a city or town must file a petition with the county recorder setting forth a description and accurate map of the territory proposed to be annexed. 30 days after the blank petition is filed with the county recorder, petitions for annexation may be circulated for one year and signed by property owners that would be subject to taxation in the event of annexation. A petition for annexation must be filed with the county recorder and signed by the owners of more than half the value of real and personal property and more than half the real and personal property owners that would be subject to taxation in the event of annexation. If no objection is filed within 30 days, the annexation becomes final upon the adoption of an ordinance by the city or town governing body (A.R.S. § 9-471).
The ASLD must administer all laws relating to lands owned by, belonging to and under control of Arizona (A.R.S. § 37-102). A person may apply to the State Land Commissioner (Commissioner) for a state land mineral exploration permit (permit). When a permit is in effect, no persons except the permittee and the authorized agents and employees of the permittee may explore for minerals on the state land covered by the permit (A.R.S. § 27-251). Following a discovery of a valuable mineral deposit upon state land covered by a permit, the permittee may apply to the Commissioner for a mineral lease for the state land. From and after the date of issuance of a mineral lease, the mineral claim or claims covered by such mineral lease must be excluded from the exploration permit (A.R.S § 27-254).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a city, town or developer to enter into a pre-annexation agreement with a property owner in which the property owner agrees to future annexation of an area that includes the property owner's property.
2. Includes, for the purposes of calculating the minimum number of required annexation petition signatures, a property owner who has entered into a pre-annexation agreement regardless of whether the property owner has signed an annexation petition.
3. Specifies that a property owner who enters into a pre-annexation agreement is not required to sign the annexation petition.
5. Asserts that the rights to explore and develop mineral resources on urban lands under state law continue without additional permits or approvals from local government authorities.
6. Makes technical changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
2. Asserts that the rights to explore and develop mineral resources on urban lands under state law continue without additional permits or approvals from local government authorities.
Senate Action
GOV 2/17/22 DP 6-1-0
Prepared by Senate Research
February 24, 2022
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