Bill Text: AZ HB2009 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Disclaimer of federal patent easements
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-01-25 - House GOV Committee action: Discussed and Held [HB2009 Detail]
Download: Arizona-2011-HB2009-Introduced.html
PREFILED DEC 21 2010
|
REFERENCE TITLE: disclaimer of federal patent easements |
|
State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
|
|
HB 2009 |
|
|
|
Introduced by Representative Harper
|
AN ACT
amending section 9‑500.24, Arizona Revised Statutes; relating to cities and towns.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-500.24, Arizona Revised Statutes, is amended to read:
9-500.24. Federal general land office patent easements; city and town disclaimer of interest; effect of repealed federal law; permanent structures
a. A city or town, by its own motion or at the request of a property owner, may abandon disclaim its interest in a federal general land office patent easement established by the small tract act of 1938 that in the same manner as other easements are disclaimed if the city or town determines, after notifying and obtaining the consent written release of all affected utilities parties who have a beneficial interest in the general land office patent easement, that the easement is not being used by the public or is no longer necessary in the same manner as other easements are abandoned.
B. The repeal of the small tract act of 1938 by the United States Congress does not terminate the terms and conditions in those patents or deeds that were issued before the date of the repeal of the act.
C. A city or town shall not allow or approve, and a person shall not construct, a permanent structure on a federal general land office patent easement known as an appurtenance to the patent or deed.
