A.R.S. tit. 48 ch. 32 — Arizona Revised Statutes Title 48 Chapter 32 — Agriculture Preservation Districts

48-5701. Definitions In this article, unless the context otherwise requires: 1. "Board" means the district board of directors. 2. "Chairman" means the person elected to preside over meetings of the board of directors. 3. "Clerk" or "district clerk" means the clerk of the county board of supervisors. 4. "District" means an agriculture preservation district established pursuant to this article. 5. "Lot" includes any portion, piece, parcel or subdivision of land except a railroad right-of-way. 6. "Military airport" has the same meaning prescribed in section 28-8461. 7. "Owner" means the person in whose name legal title appears by recorded deed, or the person in possession under claim of title, as the person exercising acts of ownership or as the personal representative of the owner. 8. "Treasurer" or "district treasurer" means the treasurer of the county in which the district is located. 9. "Unincorporated district area" means any portion of a district that is not within the limits of an incorporated city or town. 48-5702. Agriculture preservation district; purpose An agriculture preservation district shall be formed for the purpose of maintaining and encouraging existing agricultural uses and maintaining and encouraging open space uses for the land included in the district without impairment of private rights of ownership. The district shall encourage uses of land that are compatible with the purposes of the district and consistent with local zoning and planning and shall take actions that are consistent with the continued operation and use of military airports or former military airports decommissioned after January 1, 1991 that are being redeveloped and continue to be operated as airports and that are located in or near the district. The district shall encourage voluntary participation in the purchase, transfer or lease of ownership or development rights to property to accomplish its objectives. The district may encourage participation by landowners through the use of regulatory and taxation based incentives. 48-5703. District establishment; procedures; notice; hearing; determinations; petitions A. An agriculture preservation district shall be established by the following procedures: 1. Any person desiring to propose the establishment of a district and who resides or owns real property in the proposed district shall prepare and submit a district impact statement to the board of supervisors of the county in which the district is to be located. If the person desiring to establish a district pursuant to this section is unable to complete the district impact statement, the board of supervisors may assist in the completion of the impact statement if requested to do so, if the bond required in subsection C is in an amount sufficient to cover any additional cost to the county. The district impact statement shall contain at least the following information: (a) A description of the boundaries of the proposed district and a detailed, accurate map of the area to be included in the district. A proposed district shall be located no more than ten miles from the outside boundary of an existing military airport or a former military airport decommissioned after January 1, 1991 that is being redeveloped and continues to operate as an airport, as measured from the outside boundary of the proposed district. (b) An estimate of the assessed valuation within the proposed district. (c) The names, addresses and occupations of the proposed members of the district's organizing board of directors. (d) The projected cost of establishing the district. 2. On receipt of the district impact statement, the board of supervisors shall set a date, at least thirty days but not more than sixty days from that date, for a hearing on the impact statement. At any time before making a determination pursuant to paragraph 4, the board of supervisors may require that the impact statement be amended to include any information that the board of supervisors deems relevant and necessary. 3. On receipt of the district impact statement, the clerk of the board of supervisors shall mail, by first class mail, written notice of the statement, its purpose and notice of the date, hour and place of the hearing on the proposed district to each owner of taxable property and each qualified elector within the boundaries of the proposed district. The clerk of the board of supervisors shall post the notice in at least three conspicuous public places in the area of the proposed district and shall publish twice in a daily newspaper of general circulation in the area of the proposed district, at least ten days before the hearing, or, if no daily newspaper of general circulation exists in the area of the proposed district, at least twice at any time before the date of the hearing, a notice setting forth the purpose of the impact statement, the description of the area of the proposed district and the date, hour and place of the hearing. 4. At the hearing called pursuant to paragraph 2, the board of supervisors shall hear those persons who appear for and against the proposed district and shall determine whether the establishment of the district will promote the public health, comfort, convenience, necessity or welfare. If the board of supervisors determines that the public health, comfort, convenience, necessity or welfare will be promoted, it shall approve the district impact statement and authorize the persons proposing the district to circulate petitions as provided in this subsection. The order of the board of supervisors is final, but if the request to circulate petitions is denied, a subsequent request for a similar district may be refiled with the board of supervisors after six months from the date of the denial. 5. After receiving the approval of the board of supervisors as provided in paragraph 4, the person proposing the district may circulate the petitions for signatures and present petitions to the board of supervisors of the county in which the district is located. 6. The petitions presented pursuant to paragraph 5 shall: (a) At all times, contain a description of the boundaries of the proposed district, a detailed, accurate map of the proposed district and the names, addresses and occupations of the proposed members of the district's organizing board of directors. No alteration of the proposed district may be made after receiving the approval of the board of supervisors as provided in paragraph 4. (b) Be signed by at least the number of owners of taxable property who own a majority of the acres of taxable property in the proposed district. 7. On receipt of the petitions, the board of supervisors shall set a date, at least ten days but not more than thirty days from that date, for a hearing on the petition. 8. Before the hearing called pursuant to paragraph 7, the board of supervisors shall determine the validity of the petitions presented. 9. At the hearing called pursuant to paragraph 7, the board of supervisors, if the petitions are valid, shall order the establishment of the district. The board of supervisors shall enter its order setting forth its determination in the minutes of the meeting, not more than ten days after the hearing, and shall file a copy of the order in the county recorder's office. The order of the board of supervisors is final, and the proposed district shall be established thirty days after the board of supervisors votes to establish the district. A decision of the board of supervisors under this subsection is subject to judicial review. B. For the purpose of determining the validity of the petitions presented pursuant to subsection A, paragraph 6, property held in joint tenancy or other joint ownership shall be treated as if it had only one property owner, so that the signature of only one of the owners of property is required on the formation petition. C. The board of supervisors may require a reasonable bond covering any person who proposes the establishment of a district pursuant to subsection A, paragraph 1. The person shall file the bond with the board at the start of proceedings under this section. The bond shall be in an amount sufficient to cover costs incurred by the county if the district is not finally established. County costs covered by the bond include any expense incurred from completion of the district impact statement, mailing the notice of hearing to district owners of taxable property and qualified electors as defined pursuant to section 16-121, publishing the notice of hearing and other expenses reasonably incurred as a result of any requirements of this section. D. If a district is established pursuant to this section, the cost of publishing the notice of hearing, the mailing of notices and all other costs incurred by the county as a result of this section are a charge against the district. E. The area of a district established pursuant to this section shall contain a minimum of six thousand four hundred acres of privately owned land and may include two or more areas of noncontiguous land and land from more than one county. F. A district organized pursuant to this section shall have an organizing board of directors to administer the affairs of the district until a duly constituted board of directors is elected as provided in this title. The organizing board has all of the powers, duties and responsibilities of an elected board. The organizing board consists of the three individuals named in the district impact statement and the petitions presented pursuant to subsection A. If a vacancy occurs on the organizing board, the remaining board members shall fill the vacancy by appointing an interim member. Members of the organizing board serve without compensation but may be reimbursed for actual expenses incurred in performing their duties. The organizing board shall elect from its members a chairman and a clerk. 48-5704. Establishment of agriculture preservation district; denial of petition; costs A. After the hearing if it appears after considering all objections that the petition is signed by the requisite numbers of property owners pursuant to section 48-5703, subsection A, paragraph 6, subdivision (b) and that the public health, comfort, convenience, necessity or welfare will be promoted by establishment of the district, the board of supervisors, by formal order, shall declare its findings, establish the boundaries and declare the district established under a corporate name by which it is known in all proceedings. B. If the district is established, certified bills covering the costs of the board of supervisors and the disbursements of the petitioners shall be presented to the board of directors and paid from monies of the district. If the board of supervisors finds that the territory described in the petition should not be incorporated into an agriculture preservation district, the board shall dismiss the proceedings and may collect the costs on the bond of the petitioners. 48-5705. Board of directors; qualifications; term; appointment; election; compensation; expenses A. A board of at least three directors shall govern the district. Board members shall be elected or appointed as provided in this subsection. The petition for establishment of the district shall specify the number of directors and the dates of elections and of expiration of terms of the directors. For any district, membership on the board shall include the following: 1. One person who is appointed as a member by each incorporated city or town that is within the area of the district. 2. One person who is appointed as a member by each county that is within the area of the district. 3. One person elected as the at large representative by a majority vote of the qualified electors, as defined in section 16-121, in the district who vote in the election. 4. Persons elected by owners of taxable property qualified pursuant to subsection D of this section who represent owners of taxable property. The number of persons is determined by adding the number of persons designated pursuant to paragraphs 1 through 3 of this subsection and increasing that number by one. B. Members of the board are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. C. The board of directors shall annually elect from among its members a chairman to serve as the chief executive officer of the board of directors of the district. D. A person who is qualified to vote pursuant to subsection A, paragraph 4 of this section is a person who is all of the following: 1. An owner of taxable property in the district. 2. At least eighteen years of age. 3. Registered as prescribed by subsection E. E. The board of directors of a district shall provide for and require a registration of persons qualified to vote pursuant to subsection A, paragraph 4 of this section. The registration books shall be open for a period beginning ten days after an election and closing on the twenty-ninth day before the date of the next election. A person not registered as provided in this section shall not be entitled to vote, but a person qualified to vote pursuant to subsection A, paragraph 4 of this section who voted in the last preceding district election and who continues to possess the qualifications shall not be required to reregister. F. The administrator or executor of the estate of a deceased person and the guardian of a minor or incompetent person, appointed and qualified under the laws of the state, may register and cast the vote of the estate or person which he represents. The officer of a corporation who is designated and authorized by a resolution of the board of directors of the corporation may register and cast the vote of the corporation. The general partner of a partnership in whose name title to property within the district is vested as a holder of title or evidence of title, who is designated and authorized in writing by all of the general partners, may register and cast the vote of the partnership. The trustee of a trust, and the trustee who is designated and authorized in writing by all of the trustees of a trust in which there are more than one trustee, in whose name title to property within the district is vested as a holder of title or evidence of title, may register and cast the vote of the trust. G. When voting is conducted under the acreage system, at least five days before holding a regular or special election the secretary of the district shall make up an election register. The election register shall denote the names of the owners of lands within the district, the number of acres held by each and the number of votes which they are entitled to cast. The lists shall be arranged with the name of the owner and the number of votes the voter is entitled to cast as shown by the records of the county recorder, the state land department, and the United States land office for the area in which the district is located as of the fiftieth day before the time fixed for holding the election. A person shall not be allowed to vote unless that person's name appears as a holder in public records, nor shall the person cast more votes than the number of votes as shown by the district register. H. In the acreage system of voting, every owner of taxable property who has held title for ninety days shall be a person qualified to vote in the district if that person meets the qualifications pursuant to subsection D of this section and entitled to one vote on each question submitted and to one vote for each office to be filled for each acre of land owned in the district. If record title is held in more than one name, each owner otherwise possessing the qualifications of an elector may vote the number or fractions of acres represented by that person's legal interest or proportionate share of and in the lands. I. The administrator or executor of a deceased person, and the guardian of a minor or an incompetent person, appointed and qualified under the laws of the state, may represent and cast the vote of the person or estate. An officer of a corporation designated and authorized by a resolution of the board of directors of the corporation may represent and cast the vote of the corporation. The general partner of a partnership in whose name title to property within the district is vested as a holder of title or evidence of title, who is designated and authorized in writing by all of the general partners, may register and cast the vote of the partnership. The trustee of a trust, and the trustee who is designated and authorized in writing by all of the trustees of a trust in which there are more than one trustee, in whose name title to property within the district is vested as a holder of title or evidence of title, may register and cast the vote of the trust. 48-5706. Powers of agriculture preservation district A. An agriculture preservation district, acting through its board of directors, may: 1. Acquire in the name of the district any real or personal property or interest in property by gift, purchase, lease, including long-term lease, transfer or otherwise and own, control, manage or dispose of this property or interest if necessary or convenient to further the purposes of the district. A district may spend private monies, contributions, appropriations or grants received by the district in compliance with the terms and conditions under which the monies are received, if the terms and conditions meet the approval of the board and are within the scope of the statutory powers and duties of the district. 2. Join with any other political subdivision, municipality or federal or state agency, any private entity or any combination of public and private entities to cooperate and assist in the acquisition, operation and management of land in the district, including the acquisition of an interest in land that is less than a full ownership interest. 3. Sell, lease or otherwise dispose of any property of the district or interest in the property if the property is no longer required for the purposes of the district or if use of the property may be permitted without interfering with the use to which it is put by the district. 4. Lease or otherwise acquire development rights to undeveloped real property in the district for periods of not more than twenty-five years with a review of the terms of the lease or other acquisition every five years at a public meeting of the board. 5. Sell or otherwise dispose of any by-product resulting from the maintenance of the district. 6. Pay expenses incidental to the exercise of its powers. 7. Employ staff to assist in performing the duties of the district. 8. Propose regulatory and taxation based incentives for participation in the district. 9. Formulate and adopt rules necessary to operate the district. B. An agriculture preservation district may not levy or assess a tax, issue bonds or exercise any power of eminent domain. An agriculture preservation district furthers a public purpose and the property owned by the district is thereby exempt from taxation. C. An agriculture preservation district is subject to title 38, chapter 3, article 3.1 relating to open meetings and title 39, chapter 1 relating to public records. 48-5707. Expansion of district; petition; election A. A district may expand to include additional land by submitting a petition to the county board of supervisors of the county in which the land is located as prescribed by section 48-5703 and after holding a hearing as prescribed by section 48-5704. The petition shall include the additional directors necessary for compliance with section 48-5705 by the expanded district. B. On approval of the board of supervisors after the hearing, the board of supervisors shall hold an election on the issue of the expansion of the agriculture preservation district. Owners of taxable property in the existing district and owners of taxable property in the proposed addition to the district are eligible to vote in the election. The district may be expanded only on approval by a majority of the votes cast from the owners of taxable property, as determined by acreage owned, and on approval by a majority of the votes cast from the owners of taxable property of the proposed addition to the district, as determined by acreage owned. After receipt of the official canvass and if approved by the voters, the county board of supervisors shall declare the district expanded. 48-5708. Fees, rentals and service charges The board of directors may charge and collect any fees, rentals and service charges for any service performed or property furnished by the district, as appropriate. Revenue derived from these sources shall be paid into the maintenance and operation fund of the district. 48-5709. Dissolution of agriculture preservation district; disposition of property; tax for outstanding indebtedness A. A district that is established under this article and that has no outstanding indebtedness may be dissolved on: 1. Adoption of a resolution by the board of directors to proceed with dissolution proceedings. 2. Notice to and approval of dissolution by the county board of supervisors. 3. A vote of a majority of the owners of taxable property who own a majority of the acres of the taxable property of the district at a special election called by the board of directors on the question of dissolution. B. If a majority of the votes cast at the election favors dissolution, the board by resolution shall declare the district dissolved. Within fifteen days after its adoption, a certified copy of the resolution shall be filed with the clerk of the board of supervisors of the county in which the district was located. C. On dissolution of a district the property of the district that is located in the corporate limits of a city or town vests in that city or town. Other property of the district vests in the county. Any monies of the district at the time of dissolution shall be transferred to the incorporated city or town and to the county in direct proportion to the assessed valuation of taxable real property in the city, town or county, respectively, as it appears on the current assessment rolls. D. After dissolution of a district, if it appears that any indebtedness remains unpaid, the board of supervisors of the county in which the district was located shall levy a tax on the real property in the district sufficient to pay the indebtedness and interest on the indebtedness and shall pay the indebtedness and interest from the proceeds of the tax. 48-5710. Reimbursement for county services Services provided by a county to an agriculture preservation district are subject to reimbursement pursuant to section 11-251.06.