Bill Text: AZ SB1366 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Eminent domain; relocation assistance
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2010-05-10 - Governor Signed [SB1366 Detail]
Download: Arizona-2010-SB1366-Introduced.html
|
REFERENCE TITLE: eminent domain; relocation assistance |
|
State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
|
|
SB 1366 |
|
|
|
Introduced by Senators Gray C, Pearce R: Gould
|
AN ACT
amending sections 11-961, 11-962, 11-974 and 28‑6993, Arizona Revised Statutes; amending title 11, chapter 7, article 4, Arizona Revised Statutes, by adding section 11-975; Amending title 28, chapter 20, article 6, Arizona Revised Statutes, by adding sections 28‑7104 and 28‑7105; repealing title 28, chapter 20, article 7, Arizona Revised Statutes; relating to relocation assistance.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-961, Arizona Revised Statutes, is amended to read:
11-961. Definitions
In this article, unless the context otherwise requires:
1. "Acquiring agency" means the state, any department, agency, board or commission of the state, counties, school districts, cities, towns, all municipal corporations, and any other political subdivision of the state, except the department of transportation and any other person or entity with the power of eminent domain.
2. "Business" means any lawful activity, excepting a farm operation, conducted primarily by or for any of the following:
(a) For the purchase, sale, lease and rental of personal and real property and for the manufacture, processing or marketing of products, commodities or any other personal property.
(b) For the sale of services to the public.
(c) By a nonprofit corporation.
(d) Solely for the purposes of section 11-963, for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted.
3. "Comparable replacement dwelling" means a dwelling that is all of the following:
(a) Decent, safe and sanitary.
(b) Adequate in size to accommodate the occupants.
(c) Within the financial means of the displaced person.
(d) Functionally equivalent.
(e) In an area which is not subject to unreasonably adverse environmental conditions.
(f) In a location which is generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services and the displaced person's place of employment.
4. "Displaced person" means:
(a) A person who moves from real property or moves his personal property from real property either:
(i) As a direct result of a written notice of intent to acquire, the initiation of negotiations for or the acquisition of such real property in whole or in part for a program or project undertaken by a displacing agency.
(ii) On which the person is a residential tenant or conducts a farm operation or a business, and the move is a direct result of rehabilitation, demolition or other displacing activity as the lead agency prescribes under a program or project undertaken by a displacing agency, if the displacing agency determines that the displacement is permanent.
(b) Solely for the purposes of section 11-962 and section 11-963, subsections A and B, a person who moves from real property or moves his personal property from real property either:
(i) As a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by a displacing agency.
(ii) As a direct result of rehabilitation, demolition or other displacing activity as the lead agency prescribes, of other real property on which the person conducts a business or a farm operation, under a program or project undertaken by a displacing agency, if the displacing agency determines that the displacement is permanent.
Displaced person does not include a person who has been determined, according to criteria established by the lead agency, as not having been displaced, including persons either unlawfully occupying the displacement property or occupying the property for the purpose of obtaining assistance under this article or, in any case in which the displacing agency acquires property for a program or project, a person, other than a person who was an occupant of the property at the time it was acquired, who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project.
5. "Displacing agency" means the state or state agency, except the department of transportation and any political subdivision or person carrying out a program or project with federal financial assistance, or with the approval of the governing body of the acquiring agency, state or local financial assistance, which causes a person to be a displaced person.
6. "Farm operation" means any activity conducted primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
7. "Federal financial assistance" means a grant, loan or contribution in any form whatsoever provided by the United States to an acquiring agency, except any federal guarantee or insurance, and any interest reduction payment to a person in connection with the purchase and occupancy of a residence by that person.
8. "Initiation of negotiations" means the delivery of the initial written offer by the acquiring agency to the owner or the owner's representative to purchase real property for a project for the amount determined to be proper compensation or other actions to serve this purpose as determined by the lead agency.
9. "Lead agency" means the acquiring agency except as required by federal law.
10. "Mortgage" means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the state in which the real property is located, together with the credit instruments, if any, secured thereby.
11. "Person" means any individual, family, partnership, corporation or association.
12. "Small business" means a business as defined in paragraph 2 of this section and if the number of employees of the business at the affected site is five hundred or less.
Sec. 2. Section 11-962, Arizona Revised Statutes, is amended to read:
11-962. Relocation assistance and advisory services; definitions
A. Programs or projects undertaken by an acquiring agency shall be planned in a manner that both:
1. Recognizes, determines and estimates, at an early stage in the planning of the programs or projects and before the commencement of any actions which that will cause displacements, the risks and problems associated with the displacement of individuals, families, businesses and farm operations.
2. Provides for the resolution of risks and problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.
3. Ensures that displaced persons benefit more from the program or project than the generalized public benefits from the program or project.
B. An acquiring agency may shall provide that the relocation assistance and competent advisory services described in subsection C are made available to all persons displaced by the agency. If the agency determines that a person occupying property which that is immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result of the activity, the agency may shall make relocation assistance and advisory services available to the person.
C. The relocation assistance and advisory services provided by subsection B shall include such measures, facilities or services necessary or appropriate to:
1. Determine and make timely recommendations on the social and economic risks associated with the displacement of persons and the needs and preferences of displaced persons for relocation assistance and provide a displacement action plan designed to mitigate these risks.
2. Provide current and continuing information on the availability, sales prices, financing options and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations.
3. Assist a person who is displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location.
4. Supply information concerning federal, state and local programs which that may be of assistance to displaced persons and provide technical assistance to those persons in applying for assistance through the programs.
5. Provide other competent advisory services to displaced persons to minimize hardships to those persons in adjusting to relocation.
D. The acquiring agency shall coordinate, provide and finance relocation activities performed by the agency with other federal, state or local governmental actions in the community which that could affect the efficient and effective delivery of relocation assistance and related services.
E. If an acquiring agency acquires property for a program or project, a person who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project is eligible for advisory services to the extent determined by the displacing agency pursuant to subsections A, B and C.
F. The acquiring agency shall hire an independent risk assessing agent to prepare a public report that includes estimates of the risks that are recognized and determined pursuant to subsection A of this section. The report shall be provided, within thirty days of its completion, to any displaced person.
G. For the purposes of this section:
1. "livelihood" means the capabilities, assets, including human, natural, health, physical, financial and social resources, locational advantages and activities required for a means of living.
2. "risk" includes the replacement cost of reestablishing lost property, business and livelihoods disrupted by the project.
Sec. 3. Section 11-974, Arizona Revised Statutes, is amended to read:
11-974. Applicability of article
A. This article shall apply to all acquiring, displacing or lead agencies when real property or improvements thereon are acquired or are to be acquired for a project for which federal financial assistance is to defray all, or part of, the costs of such project without regard to the source of monies for the project.
B. In addition to the requirements of subsection A of this section and notwithstanding section 11-961, paragraph 5, the provisions of sections 11‑963 and 11-964 shall apply to any acquiring, displacing or lead agency without action of the governing or legislative body even if no federal financial assistance is used to defray all or part of the costs of such project.
C. Except as provided in subsection B of this section, the provisions of this article may apply and be utilized by any acquiring, displacing or lead agency by action of the governing or legislative body thereof when no federal financial assistance is used to defray the costs of such project.
Sec. 4. Title 11, chapter 7, article 4, Arizona Revised Statutes, is amended by adding section 11-975, to read:
11-975. Acquired property; maintenance
A displacing agency shall maintain real property that is acquired by the displacing agency in carrying out a program or project and that is not scheduled for immediate rehabilitation or demolition in a manner consistent with protecting and maintaining surrounding property values. END_STATUTE
Sec. 5. Section 28-6993, Arizona Revised Statutes, is amended to read:
28-6993. State highway fund; authorized uses
A. Except as provided in subsection B of this section and section 28‑6538, the state highway fund shall be used for any of the following purposes in strict conformity with and subject to the budget as provided by this section and by sections 28‑6997 through 28‑7003:
1. To pay salaries, wages, necessary travel expenses and other expenses of officers and employees of the department and the incidental office expenses, including telegraph, telephone, postal and express charges and printing, stationery and advertising expenses.
2. To pay for both:
(a) Equipment, supplies, machines, tools, department offices and laboratories established by the department.
(b) The construction and repair of buildings or yards of the department.
3. To pay the cost of both:
(a) Engineering, construction, improvement and maintenance of state highways and parts of highways forming state routes.
(b) Highways under cooperative agreements with the United States that are entered into pursuant to this chapter and an act of Congress providing for the construction of rural post roads.
4. To pay land damages incurred by reason of establishing, opening, altering, relocating, widening or abandoning portions of a state route or state highway.
5. To reimburse the department revolving account.
6. To pay premiums on authorized indemnity bonds and on compensation insurance under the workers' compensation act.
7. To defray lawful expenses and costs required to administer and carry out the intent, purposes and provisions of this title, including repayment of obligations entered into pursuant to this title, payment of interest on obligations entered into pursuant to this title, repayment of loans and other financial assistance, including repayment of advances and interest on advances made to the department pursuant to section 28‑7677, and payment of all other obligations and expenses of the board and department pursuant to chapter 21 of this title.
8. To pay lawful bills and charges incurred by the state engineer.
9. To acquire, construct or improve entry roads to state parks or roads within state parks.
10. To acquire, construct or improve entry roads to state prisons.
11. To pay the cost of relocating a utility facility pursuant to section 28‑7156 28‑7105.
12. For the purposes provided in subsections C, D and E of this section and sections 28‑1143, 28‑2353 and 28‑3003.
B. For each fiscal year, the department of transportation shall allocate and transfer monies in the state highway fund to the department of public safety for funding a portion of highway patrol costs in eight installments in each of the first eight months of a fiscal year that do not exceed ten million dollars.
C. Subject to legislative appropriation, the department may use the monies in the state highway fund as prescribed in section 28‑6991, paragraph 12 to carry out the duties imposed by this title for registration or titling of vehicles, to operate joint title, registration and driver licensing offices, to cover the administrative costs of issuing the air quality compliance sticker, modifying the year validating tab and issuing the windshield sticker and to cover expenses and costs in issuing special plates pursuant to sections 28-2404, 28‑2412 through 28‑2434 and 28‑2514.
D. The department shall use monies deposited in the state highway fund pursuant to chapter 5, article 5 of this title only as prescribed by that article.
E. Monies deposited in the state highway fund pursuant to section 28‑2269 shall be used only as prescribed by that section.
F. Monies deposited in the state highway fund pursuant to section 28‑710, subsection D, paragraph 2 shall only be used for state highway work zone traffic control devices.
G. The department may exchange monies distributed to the state highway fund pursuant to section 28‑6538, subsection A, paragraph 1 for local government surface transportation program federal monies suballocated to councils of government and metropolitan planning organizations if the local government scheduled to receive the federal monies concurs. An exchange of state highway fund monies pursuant to this subsection shall be in an amount that is at least equal to ninety per cent of the federal obligation authority that exists in the project for which the exchange is proposed.
Sec. 6. Title 28, chapter 20, article 6, Arizona Revised Statutes, is amended by adding sections 28‑7104 and 28‑7105, to read:
28‑7104. Negotiation and purchase of property for future transportation facilities
The department may negotiate and purchase at a price mutually acceptable to the property owner and the department property that is expected to be needed for future transportation facilities. This section applies only to qualified advance acquisitions of properties that are located within projects for which, at the time of the purchase, construction is not scheduled in the five year transportation facilities construction program provided for in article 3 of this chapter.
28‑7105. Utility relocation; cost reimbursement
A. The director may authorize the reimbursement to a city, town or county for the cost of labor, equipment, materials, preliminary engineering and right‑of‑way purchase required to adjust or relocate a utility facility if all of the following apply:
1. An existing city, town or county public highway or street is established as a state highway.
2. At the time the highway or street is established as a state highway, a utility facility belonging to a city, town or county exists within the right‑of‑way of the highway or street.
3. It becomes necessary to adjust or relocate the utility facility due to modification or improvement of the state highway.
B. The director shall determine the payment for labor, equipment and materials. The cost of relocation shall not exceed the value of the substitute utility facility. The director shall base the determination of the value of a substitute utility facility on the costs for replacement of a like facility. Costs of relocation shall exclude any betterments or increases in the size or capacity beyond those of the existing utility facility.
C. This section does not apply to a city, town or county utility facility that is owned by the city, town or county and that exists within the highway or street right‑of‑way by virtue of any permit, franchise or other revocable authority granted by the department, unless the authority was previously granted as part of an adjustment or relocation pursuant to this section.
D. Once established pursuant to a relocation prescribed by this section, a city's, town's or county's rights remain with the applicable city, town or county for which the relocation occurred.
Sec. 7. Repeal
Title 28, chapter 20, article 7, Arizona Revised Statutes, is repealed.
