ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: LARA DP 9-0-0-0

HB 2769: state land transfer; Bullhead City

Sponsor: Representative Biasiucci, LD 30

House Engrossed

Overview

Provides for the transfer of state sovereign land from the State Land Department to Bullhead City.

History

State sovereign land is land owned by the State that is separate and distinct from the trust lands granted to the State at statehood. For that reason, the trust obligations contained in the Enabling Act and the Constitution of Arizona are not binding on how state sovereign lands are managed. However, the State Land Department is still responsible for administering these lands (A.R.S. §§ 37-101 and 37-102).

Most state sovereign lands are located on the bed of the Colorado River and are tied to the fact that this river was navigable at the time Arizona became a state. These lands are managed under the public trust doctrine, which means that they can only be used for a public purpose. Additionally, state sovereign lands cannot be sold or leased, but may be transferred to other political subdivisions for public use with legislative authorization. The Legislature has previously considered and approved some transfers of these lands to state agencies, counties and municipalities. For example:

1) Laws 1988, Chapter 75 transferred state sovereign land to the Arizona Game and Fish Department for wildlife and public recreation purposes;

2) Laws 1990, Chapter 104 transferred state sovereign land to Mohave County for public park and recreation purposes;

3) Laws 2005, Chapter 99 transferred about 28.6 acres of state sovereign land to the Arizona Game and Fish Department to be managed in consultation with the Maricopa County Flood Control District, the Town of Buckeye, and the City of Goodyear;

4) HB2728 (2006) authorized the State Land Commissioner to sell or convey over 5 acres of state sovereign land to a nonprofit cemetery in Skull Valley if certain terms and conditions were met. This bill was held in the Senate;

5) Laws 2019, Chapter 146 transferred over 12 acres of state sovereign land to Bullhead City for public recreation and access to the Colorado River; and

6) Laws 2023, Chapter 63 transferred about 9.95 acres of state sovereign land from the State Land Department to Bullhead City.

Provisions

1. Provides for the transfer of state sovereign land from the State Land Department to Bullhead City. (Sec. 1)

2. Directs the State Land Commissioner to deliver a signed and recorded deed or patent to Bullhead City within 30 days of this Act's effective date. (Sec. 1)

3. Requires Bullhead City to manage the transferred land for park and public recreation purposes and forbids the land from being sold, exchanged or bartered. (Sec. 1)

6. ---------- DOCUMENT FOOTER ---------

7. HB 2769

8. Initials BSR Page 0 House Engrossed

10. ---------- DOCUMENT FOOTER ---------