A. Notwithstanding any other law, when it is in the best interest of the trust, the commissioner may withdraw trust land suitable for conservation purposes from lease or sale for development purposes to allow qualifying lessees or buyers to complete the plans and arrangements necessary to accomplish the purposes of the classification and plan of the lands.

Terms Used In Arizona Laws 37-315

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commissioner: means the state land commissioner. See Arizona Laws 37-101
  • Conservation: means protection of the natural assets of state trust lands for the long-term benefit of the land, the trust beneficiaries, lessees, the public and the unique resources that each area contains, such as open space, scenic beauty, protected plants, wildlife, archaeology and multiple use values. See Arizona Laws 37-311
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Trust land: means any land that is owned or held in trust by this state. See Arizona Laws 37-311

B. The commissioner shall prescribe a termination date, of at least three but not more than five years, after which the lease or sale may proceed. Within one year before the expiration of the withdrawal period the commissioner, after a public hearing, may extend the withdrawal period for not more than one additional three year period if significant progress is evident in the effort toward acquiring the land.

C. The commissioner’s decision under this section is subject to appeal pursuant to section 37-214.

D. During a withdrawal period under this section:

1. The commissioner may allow existing lessees of the land to continue their normal and customary use of the land. The commissioner may renew existing leases pursuant to section 37-291.

2. The commissioner may authorize a new use of the land that is consistent with the classification.

E. If the commissioner withdraws trust lands from lease or sale pursuant to this section, or fails to lease or convey trust lands suitable for conservation purposes as provided by this article within three years after classification, and the trust lands are subject to a current planning permit under article 5.1 of this chapter, the commissioner shall reimburse the holder of the permit pursuant to section 37-338.

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