Arizona Laws 28-8484. Military airport disclosure; residential property
A. Any public report issued after December 31, 2001 pursuant to section 32-2183 or 32-2195.03 applicable to property that is located within territory in the vicinity of a military airport shall include the following statements:
Terms Used In Arizona Laws 28-8484
- Airport: means an area of land or water that is designed and set aside for the landing and taking off of aircraft and that is utilized or to be utilized in the interest of the public for those purposes. See Arizona Laws 28-8461
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Ancillary military facility: means :
(a) For political subdivisions described in paragraph 9, subdivision (a) of this section, the military auxiliary airfield that is identified on the map that is designated as Luke air force base auxiliary airfield #1, that is dated March 1, 2004 and that is on file in printed format at the state land department on the effective date of this amendment to this section pursuant to section 37-102. See Arizona Laws 28-8461
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- High noise or accident potential zone: means any property located in the following zones:
(a) For Luke air force base in Maricopa county, within the 1988 noise contours developed and recognized by the regional planning agency in that county that includes the arrival and departure corridor that is the accident potential zone one and accident potential zone two plus the land area described as follows: starting two hundred feet from the south end of the westernmost runway at a width of one thousand five hundred feet west and two thousand five hundred feet east, measured perpendicular to the centerline of the runway, and extending southwesterly parallel to the runway for a distance of thirty thousand feet. See Arizona Laws 28-8461
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Military airport: means an airport that is operated by an armed force of the United States and that is primarily used for military fixed wing aircraft operations, excluding a runway or airstrip that is not immediately adjacent to facilities primarily used for operational control, maintenance and permanent parking of aircraft. See Arizona Laws 28-8461
- Political subdivision: means a city, town or county and includes a school district. See Arizona Laws 28-8461
- Property: includes both real and personal property. See Arizona Laws 1-215
- State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
- Territory in the vicinity: means any property located in the following zones:
(a) For Luke air force base in Maricopa county, the zone is ten miles to the north, south and west and four miles to the east parallel from the center of the main runway of a military airport. See Arizona Laws 28-8461
1. That the property is located within territory in the vicinity of a military airport.
2. If the state real estate department has been provided the registry of information described in section 28-8483, that the state real estate department maintains a registry of information, including the maps of military flight operations provided by the military airport, pursuant to section 28-8483 and, if provided to the department, the map prepared by the military airport pursuant to subsection B of this section.
3. If the state real estate department has been provided the registry of information described in section 28-8483, that the information is available to the public on request.
B. Each military airport may provide the state real estate department and each political subdivision with territory in the vicinity of the military airport with a map that is in electronic form and that is eight and one-half inches by eleven inches in size showing the exterior boundaries of each territory in the vicinity of a military airport and the exterior boundaries of each high noise or accident potential zone. The state real estate department shall work closely with each military airport and political subdivisions with territory in the vicinity of a military airport as necessary to create a map that is visually useful in determining whether property is located in or outside of a territory in the vicinity of a military airport or in or outside of a high noise or accident potential zone. If there are changes to the map, the military airport shall notify the state real estate department and political subdivisions of the changes and shall provide a new map in electronic form. If a new map is provided, the department and the political subdivisions shall include the map in the registry of information maintained pursuant to section 28-8483. The map shall be included in public reports issued pursuant to section 32-2183 or 32-2195.03, and the map shall be available to the public on request.
C. For any lot reservation or conditional sale that occurs before the issuance of a public report, the disclosure statements listed in subsection A of this section shall be included within the reservation document or conditional sales contract.
D. This section does not require the amendment or reissuance of any public report issued on or before December 31, 2001 or the amendment or reissuance of any reservation document or conditional sales contract accepted on or before December 31, 2001.
E. From and after December 31, 2006, a seller of residential real estate shall provide a written disclosure to the purchaser if the property is located in territory in the vicinity of a military airport or ancillary military facility as delineated on a map prepared by the state land department pursuant to section 37-102 prior to the transfer of title. This subsection does not require additional disclosure by a seller of residential real estate that has already provided the disclosure in a public report pursuant to section 32-2183 or 32-2195.05.