The Arizona Revised Statutes have been updated to include the revised sections from the 56th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 2nd Regular Session, which convenes in January 2024.
DISCLAIMER
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
12-1114.01 - Property of the United States subject to condemnation; duty of attorney general to file action; exclusions
12-1114.01. Property of the United States subject to condemnation; duty of attorney general to file action; exclusions
A. Property that may be taken under this article includes property possessed by the United States government unless:
1. The property was acquired by the federal government with the consent of the legislature pursuant to article I, section 8, clause 17, Constitution of the United States.
2. The property consists of Indian lands owned or held by a federally recognized Indian tribe, nation, band or community as reservation lands, allotment lands or sovereign or proprietary lands or in any other capacity.
B. This state shall be the plaintiff described in this article in an action to condemn property described in subsection A. This state is not responsible for legal actions filed by other persons or entities.
C. The attorney general shall file eminent domain actions with the consent of the United States government on property described in subsection A:
1. That facilitate this state's ability to manage, or provide access to, or increase the profitability of, the lands owned or held in trust by this state for the benefit of public schools and other institutions of this state consistent with this state's fiduciary responsibilities toward the beneficiaries of the trust lands.
2. For a public use that increases the ability of this state to generate revenue.
D. This section does not apply with respect to:
1. Property held by the United States for the benefit, including water rights, of a federal reclamation project or managed by a political subdivision of this state, or a special taxing district organized under title 48.
2. Property on which permanent improvements are constructed or that is legally encumbered.