Bill Text: AZ SB1144 | 2018 | Fifty-third Legislature 2nd Regular | Chaptered
Bill Title: Conservation easements; notice; valuation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-03-23 - Chapter 52 [SB1144 Detail]
Download: Arizona-2018-SB1144-Chaptered.html
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Senate Engrossed |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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CHAPTER 52
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SENATE BILL 1144 |
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AN ACT
amending sections 33-272 and 42-12058, Arizona Revised Statutes; relating to conservation easements.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-272, Arizona Revised Statutes, is amended to read:
33-272. Creation, conveyance, acceptance and duration; impairment; recording; county assessor
A. Except as otherwise provided in this article, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements. For the purposes of this article, conservation easements shall be voluntarily created and shall not be required by a political subdivision or governmental entity. This article neither limits nor enlarges the power or purposes of eminent domain, zoning, subdivision regulations or any right of condemnation under the laws of this state. Any assignment, release, modification, termination or other document altering or affecting a conservation easement need only be executed or approved in writing by the current owner of the real property which that is burdened by the conservation easement, the holder of the conservation easement and any governmental body, charitable corporation or trustee of a charitable trust having a third party third-party right of enforcement.
B. No right or duty in favor of or against a holder and no right in favor of a governmental body, charitable corporation or trustee of a charitable trust having a third party third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.
C. Except as provided in section 33‑273, subsection B, a conservation easement is unlimited in duration unless the instrument creating it otherwise provides.
D. An interest in real property in existence at the time the conservation easement is created is not impaired by a conservation easement unless the owner of the interest is a party to the conservation easement or consents in writing to the conservation easement by an instrument acknowledged and recorded in the office of the county recorder of the county in which the affected real property is located.
E. The holder of the conservation easement shall provide for the recording of the conservation easement and the recording of its acceptance. The holder of the conservation easement also shall prepare and provide the information prescribed by section 42-12058 to the county assessor for each county in which any portion of the real property that is burdened by the conservation easement is located.
Sec. 2. Section 42-12058, Arizona Revised Statutes, is amended to read:
42-12058. Registry of real property burdened by conservation easements
A. The county assessor in each county shall establish and maintain a public digital registry of each parcel of property in the county that is classified as class two (C) pursuant to section 42‑12002, paragraph 3 from and after December 31, 2016 because it is burdened by a conservation easement.
B. The registry shall include the following information regarding each parcel:
1. The name of the owner or owners of the real property that is burdened by the conservation easement.
2. The name of the holder of the conservation easement and the name of any governmental body, charitable corporation or trustee of a charitable trust having a third-party right of enforcement.
2. 3. The date the conservation easement was created or recorded.
3. 4. Whether the conservation easement is perpetual or limited in duration and, if so limited, the date or conditions under which the conservation easement terminates.
5. The value of the real property that is burdened by the conservation easement as determined by an independent appraisal prior to the creation and recording of the conservation easement.
C. The assessor shall periodically review and revise as necessary the information contained in the registry for the purpose of verifying that the listed properties should remain classified as class two (C).
APPROVED BY THE GOVERNOR MARCH 23, 2018.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 23, 2018.
