37-239. Participation contracts; planning and disposition proposals
A. The commissioner may enter into participation contracts and may charge a fee to an applicant to retain one or more consultants to assist in negotiating or preparing a participation contract. If the applicant is not the successful bidder, the commissioner shall refund the fee.
B. Before recommending any participation contract to the board of appeals, the commissioner shall consider and report on:
1. The methodology for determining any reimbursable infrastructure costs.
2. An analysis of the state trust revenue to be derived from the proposed participation contract.
3. The historical trends in land values in the area by types of proposed land uses.
4. An analysis of the financial feasibility of the planned development's proposed build-out schedule.
5. An evaluation of the potential economic risks and benefits to the trust arising from the participation contract.
6. An analysis of the economic and financial impact, and other factors determined by the commissioner, regarding alternative dispositions or no disposition of the lands.
C. Each participation contract shall:
1. Provide that subsequent sales or leases of state land that are subject to a participation contract shall be based on the criteria and the phasing and disposition plan included in the participation contract and the formula for determining the amount of revenue to the trust as a result of the subsequent sale or lease.
2. Prescribe rights and remedies in the case of default including rights to cure, forfeiture and other appropriate remedies.
D. This state's share of the revenues from the sale of land under a participation contract shall be deposited, pursuant to sections 35-146 and 35-147, in the appropriate perpetual fund.
E. A participation contract may be offered on lands that do not have a development plan approved by the commissioner or on land that may require the successful bidder to further plan and zone property after the auction. Before auctioning a contract requiring planning and zoning, the commissioner may solicit planning and disposition proposals, through advertisement for at least five consecutive days in a newspaper of general circulation in the county in which the lands are located, or if there is no daily newspaper of general circulation in that county, the advertisement shall be published as many times within a thirty-day period as the newspaper is published but not more than five times. The commissioner may require information regarding the projected planning and zoning, the estimated costs of the planning and zoning and the financial feasibility of the proposal. The proposals shall also contain proposed participation payments. The commissioner may provide that some of the information that is contained in the proposals will remain confidential, if the information is proprietary, until the commissioner recommends a contract to the board of appeals. After the proposals are received, the commissioner may conduct preauction conferences regarding the proposals. The commissioner may then auction a participation contract that, at the commissioner's option, may incorporate information that was acquired through the proposal process. A participation contract that is entered into pursuant to this subsection shall:
1. Require the successful bidder to pay a nonrefundable down payment of at least two and one-half per cent of the minimum bid for the property, plus the required fees prescribed pursuant to section 37-107 and, if the successful bidder did not pay the consultant fee pursuant to subsection A of this section, any fee charged pursuant to subsection A of this section, by cashier's check at the time of the auction. The down payment does not include participation payments.
2. Require an additional payment to be made within thirty days if the amount bid for the land exceeds the minimum bid, so that the total down payment, including the down payment paid on the date of the sale, will equal the required percentage down payment of the total amount bid. The additional payment does not include participation payments.
3. Require the successful bidder to post within thirty days after the auction a surety bond or another form of collateral that the commissioner considers to be sufficient to cover the costs of the required planning and zoning.
4. Provide for the forfeiture of the contract and any accompanying certificate of purchase or lease if the successful bidder fails to provide the required collateral.
5. Describe the land to be planned and zoned, which may include land that is retained by the department and not auctioned with the contract.
6. Contain guidelines for expected planning and zoning and time frames for the planning and zoning consistent with the guidelines.
7. Provide for the forfeiture of the contract and any accompanying certificate of purchase or lease if the successful bidder fails to accomplish the planning and zoning within the prescribed time, unless extended in writing by the commissioner based on good cause shown.
8. Require at least ten per cent of the total purchase price to be paid by the time the planning and zoning are completed, unless extended in writing by the commissioner based on good cause shown.
9. Provide for absolute approval authority by the commissioner of any planning and zoning actions.
10. Deny the successful bidder the right to physically develop the property, including grading or leveling, until at least ten per cent of the purchase price has been paid.
11. Deny the issuance of partial patents for the property until at least ten per cent of the purchase price has been paid and the requirements of section 37-251 have been met.
12. Contain such other terms that the commissioner considers to be necessary or appropriate.
F. After it is accepted by the commissioner, a planning and zoning proposal submitted to the local governing body by the successful bidder shall be administered as a state general plan or development plan as appropriate, according to the procedures described in article 5.1 of this chapter.
Structure Arizona Revised Statutes
§ 37-102 - State land department; powers and duties
§ 37-103 - Seal of state land department
§ 37-104 - Power to make and accept conveyances of real property
§ 37-106 - Federal reclamation trust fund
§ 37-108 - Court actions related to natural resources projects; remedies; account; definition
§ 37-109 - Alternative payment methods
§ 37-110 - Due diligence fund; exemption; reversion
§ 37-131 - State land commissioner; appointment; term; removal; compensation
§ 37-132.01 - Performance and restoration account; agreements with public and private entities
§ 37-133 - Decisions of commissioner; filing; notice to persons in interest
§ 37-172 - Resource analysis division; administrator; employees; compensation; state cartographer
§ 37-176 - Revolving fund; source of monies; claims
§ 37-177 - Arizona geographic information council
§ 37-178 - Geospatial data sharing
§ 37-201 - Examination and selection duties of commissioner
§ 37-204 - Advances for survey; repayment
§ 37-205 - Due diligence costs related to disposition of land
§ 37-212 - Classification of lands selected; reclassification
§ 37-214 - Board of appeals; approval of participation contracts; appeal
§ 37-215 - Appeal from decision of commissioner or board of appeals
§ 37-221 - Sale or lease of state lands for public education purposes
§ 37-232 - Application to purchase state lands or for reimbursement for improvements; deposit
§ 37-233 - Sale of state lands; restriction on sale of timber land; expense of sale
§ 37-234 - Sale of agricultural lands without application; limitation on sales of agricultural lands
§ 37-235 - Subdivision of state lands for sale; size and price limitations
§ 37-236 - Order by department of sale of lands; sale at auction; cancellation of sale; appeal
§ 37-236.01 - Sale of lands suitable for conservation purposes and other purposes at single auction
§ 37-237 - Notice required for sale of lands or lands and improvements; publication
§ 37-238 - Procedure for sale; report of sale
§ 37-239 - Participation contracts; planning and disposition proposals
§ 37-240 - Limitations on amount of land one person may purchase
§ 37-241 - Terms of sale of state land; payment; interest rate
§ 37-243 - Payment of rent in arrears; payment for use of land
§ 37-244 - Certificate of purchase; conditions
§ 37-245 - Rights conferred by certificate of purchase; recording of certificate
§ 37-249 - Actions to rescind sales
§ 37-250 - Replacement of lost or destroyed certificate of purchase
§ 37-251 - Issuance of patents for state lands
§ 37-252 - Taxation of lands sold
§ 37-254 - Cancellation of tax assessment on lands reverting to state
§ 37-256 - Application of provisions; east half of dry bed of Colorado river
§ 37-257 - Application for sale
§ 37-258 - Sale of rights in dry riverbed
§ 37-258.01 - Sale of development rights
§ 37-259 - Application as offer to settle dispute
§ 37-260 - Selling and administrative expenses
§ 37-261 - Authority to auction reversion rights
§ 37-281 - Lease of state lands for certain purposes without advertising; terms and conditions
§ 37-281.01 - Lease of state lands for grazing purposes; notice
§ 37-281.02 - Leasing state lands for commercial purposes for more than ten years
§ 37-281.04 - Default of lease of state land; assignment to cities and towns
§ 37-282.01 - Mass appraisals; notice; procedure; definitions
§ 37-283 - Subleases by grazing lessee; limitation upon grazing use; sublease surcharge
§ 37-284 - Conflicting short-term lease applications; preference rights
§ 37-286 - Execution of leases by land department; covenants; assignment of lease by lessee
§ 37-286.01 - Duty to exclude unauthorized livestock bond; damages; injunction
§ 37-287 - Reservation of rights in state land leases
§ 37-289 - Procedure on cancellation of lease; notice, default, hearing and appeal
§ 37-291 - Preferred rights to renewal of lease; exceptions; notification
§ 37-294 - Recovery of lands unlawfully held
§ 37-295 - Disposition of long-term commercial lease prepayments; prepayment fund
§ 37-301 - Procedure for protesting auctions
§ 37-312 - Nominating and classifying trust land as suitable for conservation purposes
§ 37-312.01 - Access to and use and enjoyment of private lands
§ 37-313 - Conservation lease of trust lands suitable for conservation; definition
§ 37-314 - Conveyance of title to trust lands suitable for conservation purposes
§ 37-317 - Subordination to constitution and enabling act
§ 37-321.01 - Rights to water used on state land; definition
§ 37-322.02 - Payment by purchaser or succeeding lessee for improvements on auctioned land
§ 37-322.04 - Accounting for improvements which become property of state
§ 37-323 - Permission required for construction on floodplains; criteria
§ 37-324 - Development or secondary plan; effect
§ 37-331.01 - Designation of state lands as urban lands on request
§ 37-331.02 - Urban land planning oversight committee
§ 37-332 - Urban lands; notice; hearing; requirements; classification; state general plan
§ 37-334 - Designation of lands; development or secondary plan; requirements; approval
§ 37-334.01 - Development plan for a master plan area
§ 37-335 - Sale or lease of state lands for development
§ 37-335.01 - Compensation and reimbursement of lessee upon cancellation of lease
§ 37-335.02 - Off-site improvement of urban lands
§ 37-335.04 - Liens not liabilities of state
§ 37-335.06 - Agreements to fund, install and reimburse costs of infrastructure on trust lands
§ 37-336 - Rules; review and approval by legislature; duties of commissioner
§ 37-338 - Selection of application for development planning permit or secondary permit
§ 37-341 - Preliminary investigation of projects for reclamation of state lands
§ 37-371 - Definition of acquired entitlement land
§ 37-372 - Payments to local governments with respect to acquired entitlement lands
§ 37-411 - Rights of entrymen under federal laws to possession and enjoyment of land
§ 37-412 - Limitation on claims; marking boundaries of claim; notice; recording of notice
§ 37-443 - Improvements as state property
§ 37-444 - Offset against rent due from trust beneficiaries; substituting trust designations
§ 37-461 - Grants of rights-of-way and sites for public uses
§ 37-481 - Conservation and administration of products of state lands
§ 37-483 - Program to remove vegetative natural products; hazardous vegetation; definition
§ 37-501 - Trespass on state lands; classification
§ 37-503 - Disposition of personal property unlawfully abandoned on state land
§ 37-521 - Permanent state school fund; composition; use
§ 37-522 - Universities land fund; composition; use
§ 37-523 - Normal schools land fund; composition; use
§ 37-525 - Other land funds; composition; use
§ 37-526 - Central Arizona project municipal and industrial repayment fund
§ 37-527 - Trust land management fund
§ 37-601 - Authorization to exchange
§ 37-603 - Method of exchange; appraisal
§ 37-604 - Exchange of state land; procedure; limitation and exceptions; definition
§ 37-604.01 - Exchange of state subsurface rights and interests
§ 37-605 - Title; reservations, restrictions and encumbrances
§ 37-606 - Protest; public hearing; judicial review
§ 37-607 - Method of exchange; valuation
§ 37-608 - Supplemental authority
§ 37-609 - Exchange of sovereign lands
§ 37-610 - Disposition of surplus floodplain lands
§ 37-611 - Acquisition of lands by United States for penal purposes
§ 37-613 - Power of state to serve process upon land ceded United States for penal purposes
§ 37-615 - Exchange of road rights-of-way on state land; procedure; limitation and exceptions
§ 37-616 - Protest; public hearing; judicial review
§ 37-617 - Method of exchange; valuation
§ 37-618 - Supplemental authority
§ 37-620.01 - Concurrent jurisdiction over veterans administration properties; acceptance
§ 37-620.02 - State consent to acquisition of land by the United States for exclusive jurisdiction
§ 37-620.03 - National monuments; catalog; attorney general; litigation
§ 37-620.11 - Enactment of compact
§ 37-620.21 - Holistic resource management program
§ 37-620.31 - Arizona resource advisory council; membership; duties; report
§ 37-701 - Acceptance of Carey land acts; state agency
§ 37-704 - Contract; contents; bond of contractor
§ 37-708 - Water rights appurtenant to lands; lien; foreclosure and redemption
§ 37-709 - Maps of project; right of easement reserved
§ 37-710 - Reservation of mineral rights in school lands sold
§ 37-723 - Distribution of money received from United States; appropriations to counties
§ 37-724 - Receipts from lease of public lands
§ 37-725 - Receipts from grazing district fees; district treasurer; duties
§ 37-726 - Expenditure of grazing fees of district; purposes authorized
§ 37-801 - Duty to disclose names of persons having a beneficial interest in real property
§ 37-803 - Disposition of real property by state agency
§ 37-804 - Payment of outstanding taxes, penalties and interest on acquiring property
§ 37-902 - Public lands; public policy; state land department
§ 37-903 - State land commissioner; powers; duties
§ 37-905 - Appeal of commissioner's decision; board of review; procedures; decision; further appeal
§ 37-906 - Public lands; disposal; use; written authorization required
§ 37-907 - Federal lands acquired without legislative consent; placement on tax rolls
§ 37-908 - Powers and duties of attorney general
§ 37-909 - State payments to counties
§ 37-931 - Claims of right-of-way under revised statute 2477
§ 37-1001 - Declaration of policy
§ 37-1011 - Division of natural resource conservation
§ 37-1012 - State natural resource conservation commissioner
§ 37-1013 - Powers and duties of commissioner
§ 37-1014 - State financial assistance; application; criteria
§ 37-1015 - Environmental special plate fund; distribution
§ 37-1031 - Petition for creation of district
§ 37-1032 - Hearing on petition; notice
§ 37-1033 - Determination by commissioner
§ 37-1034 - Referendum; election of supervisors
§ 37-1035 - Proclamation of result of referendum and election; terms of supervisors
§ 37-1036 - Proceedings to organize district; certificate of organization
§ 37-1037 - Addition of territory
§ 37-1038 - Dissolution of district
§ 37-1039 - Status following dissolution
§ 37-1040 - Change in boundaries; combination or division of districts; change in name of districts
§ 37-1051 - District supervisors; term of office; biennial election
§ 37-1052 - Organization of supervisors; vacancies
§ 37-1053 - Powers and duties of supervisors
§ 37-1054 - Powers of district
§ 37-1055 - Limitation of powers
§ 37-1056 - Cooperation between districts
§ 37-1057 - Cooperation by state agencies
§ 37-1121 - Arizona navigable stream adjudication commission
§ 37-1122 - General powers and duties of the commission
§ 37-1123 - Receiving and compiling evidence and records
§ 37-1124 - Compiling evidence and records by department
§ 37-1128 - Determination of navigability
§ 37-1131 - Notice to landowners; quiet title action
§ 37-1132 - Refunds to record title owners
§ 37-1151 - Petition to release public trust status
§ 37-1152 - Auction and sale of released public trust lands
§ 37-1153 - Permit to use public trust lands
§ 37-1154 - Public improvements in beds of navigable watercourses; definition
§ 37-1155 - Prior use of public trust lands
§ 37-1156 - Riparian trust fund; acquisition and management of riparian lands
§ 37-1201 - Declaration of policy
§ 37-1221 - Military airport land exchange section; purpose; employees; compensation
§ 37-1222 - Military airport land exchange proposal application; agreement
§ 37-1223 - Powers and duties of the section; limitations
§ 37-1224 - Military airport land exchange fund
§ 37-1303 - Suppression of wildfires; powers and duties of state forester; entry on private lands
§ 37-1304 - Forestry administrative districts; equipment and personnel
§ 37-1306 - Cooperative forestry fund; purpose; exemption
§ 37-1309 - Nonnative vegetation species eradication fund; department duties; grants; annual report
§ 37-1310 - Emergency medical services on federal lands; payment; requirements; definition
§ 37-1361 - Enactment of compact
§ 37-1381 - Office of the state fire marshal; purpose; assistant director; qualifications
§ 37-1382 - Deputy fire marshals and assistants; appointment; duties; recovery of costs
§ 37-1383 - Powers and duties; arson investigators
§ 37-1384 - Inspection; consent; search warrant
§ 37-1385 - School protection; definition
§ 37-1386 - Construction of article; hazardous materials; electronic filing
§ 37-1387 - Arson detection reward fund; administration; purpose; receipts and disbursements
§ 37-1388 - Fire protection systems; definitions
§ 37-1389 - Substitute refrigerants; approval by administrator
§ 37-1390 - Safety standards in fire training
§ 37-1391 - Cease and desist order; law enforcement procedures; violation; civil penalty
§ 37-1402 - Test method and performance standard; civil penalty; reports
§ 37-1403 - Certification; product change; fee
§ 37-1404 - Markings; requirements; office of the state fire marshal approval
§ 37-1405 - Civil penalties; seizure
§ 37-1406 - Implementation; rulemaking; inspection of cigarettes; definitions
§ 37-1408 - Sale outside of state
§ 37-1421 - Definition of trampoline court
§ 37-1423 - Registration; renewal
§ 37-1424 - Trampoline court owners and operators; requirements; denial of entry; rules