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Senate Engrossed
townsites; trustees; board of supervisors. |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SENATE BILL 1218 |
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An Act
amending sections 9-1101, 9-1102, 9-1103, 9-1105, 9-1106, 9-1111, 9-1112, 9-1116, 9-1117, 9-1118, 9-1131 and 9-1132, Arizona Revised Statutes; relating to townsite trusts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-1101, Arizona Revised Statutes, is amended to read:
9-1101. Entry at federal land office of land for townsites
When the governing body of an incorporated city or town, or the judge of the superior court board of supervisors of the county in which an unincorporated town is located, hereinafter designated trustee, has entered at the proper land office the land or any part thereof of the land, settled and occupied as the site of the city or town, pursuant to the act of Congress, the governing body or judge the board of supervisors shall dispose of and convey the title to such the lands, or parcels thereof of the land to the persons specified in this article. If three or more of the inhabitants of the town make written request that the entry be made and furnish the money necessary therefor, the entry shall be made.
Sec. 2. Section 9-1102, Arizona Revised Statutes, is amended to read:
9-1102. Trustee's bond; keeping of accounts and records
A. Before entering upon on the discharge of his THE trustee's duties, the trustee shall execute a bond to the state, with sureties in the sum of two thousand dollars $2,000, which shall be approved by and filed with the board of supervisors of the county recorder of the county in which the townsite is located, conditioned to account for all money that may come into his the trustee's hands and to discharge the duties of his the trust according to the best of his the trustee's ability. Action may be brought on the bond by any party aggrieved by the action of the trustee.
B. He the trustee shall keep a strict account of all money received and disbursed by him the trustee and shall file and keep all books and papers used by or before him the trustee, subject to inspection of the inhabitants of the city or town.
Sec. 3. Section 9-1103, Arizona Revised Statutes, is amended to read:
9-1103. Survey and plat of townsite; approval; recording
Within three months after the entry, the trustee shall cause the land to be surveyed and platted into blocks, lots, streets and alleys and a plat thereof made, conforming as near as possible to existing rights and claims of occupants. The plat shall be submitted to and approved by the board of supervisors of the county in which the townsite is located, and recorded in the office of the county recorder of the county in which the townsite is located. Thereafter the streets and alleys designated in the plat shall remain permanently dedicated to the public use.
Sec. 4. Section 9-1105, Arizona Revised Statutes, is amended to read:
9-1105. Financial statement of trustee; disposition of funds
A. Within sixty days from after the first publication provided for by this article, the trustee shall make a full and true statement in writing of all monies expended by him THE trustee, and his the trustee's reasonable charges for time and services in the administration of the trust to that time which that shall be and remain a first charge upon on the lands in favor of the trustee.
B. The money collected shall be applied first to reimburse the parties who advanced the money to enter the townsite with interest at ten per cent per annum percent a year, and then to the discharge of other outstanding claims incurred in entering the townsite or executing the trust. Any surplus shall be paid to the governing body of the city or town, if incorporated, for making public improvements, or, if unincorporated, for making such public improvements as may be directed by a meeting of the citizens of the town to be held after thirty days notice by the trustee.
Sec. 5. Section 9-1106, Arizona Revised Statutes, is amended to read:
9-1106. Index of claimants and property
The trustee shall keep an index of the name of every person filing a claim or contest in which the name shall be entered at the time of filing the statement or contest. When the statement is recorded, the trustee shall add to the index the number of the page of the record. The trustee shall keep a like index with a description of all property disposed of by him the trustee.
Sec. 6. Section 9-1111, Arizona Revised Statutes, is amended to read:
9-1111. Trustee as claimant
If the trustee is possessed or entitled to any part of the lands, in his individual right, he the trustee shall make a verified statement of his the trustee's claim and record it, and if no adverse claim thereto is filed within the time allowed, he the trustee shall be deemed to be possessed and seized of the title thereto in fee simple, but subject to all assessments and taxes thereafter to be levied. If his the trustee's claim is in conflict, the conflicting claims shall be transferred to the court and determined as other conflicting claims.
Sec. 7. Section 9-1112, Arizona Revised Statutes, is amended to read:
9-1112. Selection and conveyance of sites for public purposes
A. After the plat of the townsite has been recorded and upon on petition of at least ten resident house-holders of the city or town, the trustee, by and with the advice of the board of school trustees of the district, shall set apart a site for a district school house, and the trustee shall deed the lots embraced in the site to the board of school trustees. If the city or town is a county seat, the trustee, upon on a like petition and by and with the consent and advice of the board of supervisors, may set apart and deed to the county a site for a courthouse and other county buildings. Upon On petition signed by a majority of the property holders of the city or town designating the site, the trustee may set apart a public square or park.
B. Such locations shall not include any lot held by a bona fide claimant nor interfere with vested rights.
Sec. 8. Section 9-1116, Arizona Revised Statutes, is amended to read:
9-1116. Obtaining funds to pay expenses
A. If the money paid to the trustee for the purchase of lots is insufficient to pay expenses, he the trustee shall sell at public auction so many of the remaining lots, the title to which remains in the trustee and against which no claim or contest is pending, as is necessary to raise the amount required. The trustee shall first give such notice of the sale as the sheriff gives upon on the sale of real property on execution. The lots shall be sold separately, no lot shall be sold for less than ten dollars $10, and the lots shall not exceed seven thousand square feet.
B. If sufficient money is not raised, the trustee shall make an assessment and levy a tax upon on all the lots the title to which does not remain in the trustee, according to the value of the lots and the improvements thereon on the lots, and the assessment and tax shall be a lien upon on the lots so assessed until paid, and may be recovered by the trustee in a civil action.
Sec. 9. Section 9-1117, Arizona Revised Statutes, is amended to read:
9-1117. Disposal of unclaimed lots
A. The grounds undisposed of within the townsite, the title of which remains in the trustee, may be sold at public auction when he the trustee deems it advisable. He The trustee shall appoint three persons to appraise the lots he the trustee desires to sell, and they shall take oath to faithfully and impartially appraise the value of the lots, and shall each receive five dollars per day for each day actually engaged.
B. Upon On making the appraisement, the trustee shall give notice of the sale by publication. At the time and place specified in the notice, the trustee shall offer the lots for sale separately to the highest bidder, but for not less than the appraised value thereof of the lots.
C. Any person who has actually settled and made improvements to the value of not less than one hundred dollars $100 on any lot, may make application to purchase the lot any time before sale, and accompany his the person's application with the amount of the appraised value and five dollars $5 for each lot as compensation for making the deed, which shall be returned by the trustee, if it is finally determined that the party is not entitled to a deed, after first deducting any costs or fees that may be due from the party.
D. The trustee shall hear proof as to the right of preference before executing his THE TRUSTEE'S deed. If the application is denied, the applicant may bring an action in the superior court against the trustee and any adverse claimant to determine his the applicant's right to a deed under the application, and the lot shall not be sold until the action is determined.
E. The trustee shall execute a deed to the purchaser upon on payment of the purchase price, and five dollars $5 for each lot sold, to be retained by the trustee as his the trustee's compensation. The fees for the trustee for applications for preferred right shall be twenty cents $.20 per folio for filing and recording. Contests between applicants shall be transferred to the superior court for determination.
F. The proceeds of the sales shall be applied to the payment of the costs and expenses of sale and appraisal, and any surplus shall be paid as directed in this article in the case of other surplus funds in the hands of the trustee.
Sec. 10. Section 9-1118, Arizona Revised Statutes, is amended to read:
9-1118. Accounting by trustee to successor
Upon On termination of the trustee's term of office, he THE TRUSTEE shall deliver to his THE TRUSTEE'S successor in office all books and papers of his THE TRUSTEE'S office, together with all money in his THE TRUSTEE'S possession as trustee, and shall accompany them with an itemized written statement of all money received and paid out by him THE TRUSTEE under his THE trust. Thereafter the trust shall be discharged by his THE TRUSTEE'S successor in office.
Sec. 11. Section 9-1131, Arizona Revised Statutes, is amended to read:
9-1131. Disposal of unclaimed lots acquired prior to statehood
A. Every trustee of lands acquired prior to before February 14, 1912, under the act of Congress entitled "an act for the relief of inhabitants of cities and towns upon the public lands," approved March 2, 1867, or his THE TRUSTEE'S successor in office, may sell at public auction to the highest bidder for cash, any parcel of such lands undisposed of within the townsite, the title to which remains in the trustee or his THE TRUSTEE'S successor in office, when he THE TRUSTEE deems it advisable to sell. He tHE TRUSTEE shall appoint three disinterested persons to appraise the parcels he THE TRUSTEE desires to sell, and they shall faithfully and impartially appraise the value of the parcels and shall certify their appraisal under oath to the trustee. Each of the appraisers shall receive five dollars per day for each day they are actually engaged in making the appraisement.
B. Upon On making the appraisement, the trustee shall give notice of the sale by publication for not less than once each week for two successive weeks in a newspaper of general circulation within the city or town, or if there is none, then in the newspaper of general circulation published nearest the land to be sold. The notice shall describe the parcels of land to be sold and the time, place and condition of sale. At the time and place specified in the notice, the trustee shall offer the parcels of land for sale separately to the highest bidder, but for not less than the appraised value thereof of the parcels of land. The trustee shall execute a deed to the highest bidder upon on payment of the purchase price.
Sec. 12. Section 9-1132, Arizona Revised Statutes, is amended to read:
9-1132. Procedure to establish right of preference
A. Notwithstanding any other provision of law, a person who, together with his the person's predecessors in interest, has, for a period of five years immediately preceding the application provided for in this article, has been in actual or constructive possession of and paid taxes on a parcel of land included within a townsite entered prior to before February 14, 1912, may purchase the title or claim thereto which to the parcel of land that the trustee could, at the time of the application assert or convey under any other provision of law by making an application therefor for the parcel of land to the trustee.
B. The application shall contain a detailed statement under oath as to possession of the parcel and payment of taxes thereon on the parcel and shall be accompanied by a filing fee of one dollar $1 for the application and an additional five dollars $5 as the purchase price for each parcel of land described by the application, which shall be returned in event of final determination that the applicant is not entitled to a deed. All contiguous lots or portions of lots included in a single application shall be deemed to be one parcel of land.
C. Upon On filing the application, the trustee shall conduct a hearing thereon on the application and shall give notice thereof by publication in the same manner as provided in section 9-1131, and upon on the hearing the trustee shall take evidence on the applicant's right of preference. If the trustee finds the applicant and his the applicant's predecessors in interest have held possession of the land for five years immediately prior to before filing the application and have paid taxes thereon on the land for a period of five years immediately prior to before filing the application, he THE TRUSTEE shall execute and deliver his THE TRUSTEE'S deed to the applicant, conveying the parcel or parcels described in the application, upon on the applicant paying to the trustee his the applicant's proportionate share of the cost of advertising as determined by the trustee.
D. If the application is denied or if conflicting applications are filed with the trustee on or before the date of the hearing, the trustee shall proceed no further and the applicant may, within ten days after denial or the date set for the hearing, may bring an action in the superior court against the trustee and any other applicant to determine his the applicant's right to a deed. No parcel of land embraced in such action shall be sold until the action is determined.