Arizona republican., 1915-06-13
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state and the occupants. for it leaves the matter to be determined by the law in force when the occupants entered upon the lands.
 Appeals from the appraisements of improvements are provided for The commissioner or the owner of i'm . proNements appraised may appeal to the superior court of the county in which the land is situated. The trial of such appeals iS given precedence over the regular court calendar. The court must hear evidence regarding the correctness of the appraisement and of the action of the appraisers, the action taken by the appraisers and the values fixed by them is pre- sumed to be correct and the burden ot proof Is upon the party attack ing the same. If the court finds that the result reached is correct. the appralsement is not to be set aside merely because the appraisers acted lrreSularlY. but If the appraisement IS not correct. it must be set aside and II the error consisted in the method of the procedure adopted by the appraisers, new appraisement must be made An appeal to the supreme court is provided for
 In the matter of the lease of state : lands, the substitute bill provides for applications by tine persons desiring to lease, upon which applications the commissioner acts in granting leases
 The several kinds of leases provided by the original house bill are elimin- ated. The holder of lease is given a preferred right of renewal bus the commissioner has the power to with draw the land from leasing if he be- lleNes best for the interest of the state at the end of any lease in ex- istence. Improvements on leased land are to be taxed as other property and leases may he assigned Dy the consent of the commissioner. The lessee is given the right to remove such improvements ns will not injure the land. if he so desires. within sixty days prior to or ninety days following the expiration of his leas and the lessee is given the right to be compensated for any improve mentS heretofore or hereafter placed on the land. the value of such inn proVaments to be determined by ap- Iraisement The provisions of the original house bill concerning the de termination of conflicting claims are eliminated. and the commissioner is given the right to have such mat ters determined by an interpleader in the proper courts. It is further pro- Vidcd that the act shall not be con Strued to give any right to occupants of school lands. who have no; taken out lease there under eN- cept such rights as have heretofore been conferred upon them by Section 2, Article 10 of the Constitution and the Civil Code of 1901. and it IS made the duty of the commissioner to bring an action to recover pos session of such state lands as may be Gnlawfully held by occupants.
 The provisions for the sale of state lands arc essentially d compromise between the original house bill and the firal revision of the senate bill The provisions regarding the appli- cation for sale contained in the sen ate bill are retained. but to guard against the forced sale of lands under conditions when they may not bring a fair return. 1t is provided that lands Nalua ble for mineral or for saw tim Der shall not be sold that lands on which the timber should be sold separately. shall moi be sold until after the timber is disposed of. and in no case are lands other than agricultural lands required