Arizona Laws 48-918. Procedure for making and hearing protests and objections
A. In determining protests and objections, the board of directors shall be guided by these rules:
Terms Used In Arizona Laws 48-918
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Owner: means the person in whom legal title appears by recorded deed, or the person in possession under claim or title, or the person exercising acts of ownership for himself or as the personal representative of the owner, including the boards of trustees of school districts and the boards of education of high school districts owning property within the proposed improvement district. See Arizona Laws 48-901
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Trustee: A person or institution holding and administering property in trust.
1. Each paper containing signatures shall have attached thereto the affidavit of an owner to be assessed, stating that each signature was affixed in his presence and is the signer’s genuine signature.
2. The protest or objection shall be counted only for the property described as belonging to the signer, and a signature without the description shall not be counted.
3. The signature of one cotenant or, if community property, the signature of either spouse, is sufficient for a protest if no objection to the signature is made by the other cotenant or spouse. If such an objection is made, the protest shall be counted only to the extent of the signer’s interest in the property.
4. A protest or objection signed by a guardian, conservator, personal representative, administrator or trustee is valid without an order of court therefor.
5. A protest or objection by a person in possession under contract of purchase is valid.
6. When several persons have a claim to or an interest in property, the signature of any of them is sufficient unless questioned by another having such claim or interest, whereupon the wishes of the person legally entitled to possession of the property at the date of the protest shall control.
7. A protest or objection signed by an agent or attorney in fact shall be disregarded unless the authority of the agent has been recorded with the county recorder, or written or telegraphic authority is attached to the protest or objection before expiration of the time for filing the protest or objection.
8. A signature may be withdrawn from a protest or objection by filing the withdrawal with the clerk in his office at or before five o’clock p.m. of the last day set for the filing of protests.
9. An objection to the signature of a cotenant, spouse, claimant or person interested may be filed, and the authority of an agent or attorney in fact questioned, at any time before the board of directors finally passes upon the sufficiency of the protest, but an agency or authority may not be revoked as to the signature after the expiration of the protest period.
B. The board of directors may fix a date for a hearing upon the sufficiency of a protest, which shall be within thirty days from the expiration of the protest period, and shall give notice of the hearing by publication twice in a daily, or once in a weekly or semiweekly paper published or circulated in the district or county, and by mailing the notice to each protestant at his address of record.
C. The notice shall require all persons signing the protest or their agents or attorneys to appear and show cause why the protest should not be overruled.
D. At the hearing the board of directors may disregard all signatures of which the right to sign does not appear upon the records of the county recorder, and which are not supported by evidence at the hearing.