reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-236.01 - Sale of lands suitable for conservation purposes and other purposes at single auction

37-236.01.
Sale of lands suitable for conservation purposes and other purposes at single auction
The department may offer for sale at a single auction trust land that has been classified as suitable for conservation purposes pursuant to article 4.2 of this chapter and land to be used for other purposes.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-237 - Notice required for sale of lands or lands and improvements; publication

37-237.
Notice required for sale of lands or lands and improvements;  publication
Notice of sales of state lands shall be by advertisement,  stating the time,  place and terms of the sale and a full description of the land. The notice shall be published once each week for not less than ten successive weeks in a newspaper of general circulation published regularly at the state capital,  and in a newspaper of like circulation regularly published nearest the location of the lands to be sold. If the notice is for the sale of lands and improvements,  the advertisement shall also state the appraised value of the improvements,  the name of the owner thereof and the terms upon which compensation therefor shall be made.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-238 - Procedure for sale; report of sale

37-238.
Procedure for sale;  report of sale
A. A representative of the state land department shall attend at the time and place fixed for the sale and proceed by first announcing information relevant to the sale sufficient,  in the representative's judgment,  to begin the bidding process,  then calling for bids and selling the lands for the highest and best bid.
B. The department shall prepare a written report of the sale.
C. The sale may be adjourned from day to day,  or the department may dissolve the sale and readvertise the lands.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-240 - Limitations on amount of land one person may purchase

37-240.
Limitations on amount of land one person may purchase
A. No person may purchase more than six hundred forty acres of grazing land,  or more than one hundred sixty acres of agricultural land.
B. No sales,  leases or subleases of state lands shall be made to corporations or associations not qualified to transact business in the state.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-243 - Payment of rent in arrears; payment for use of land

37-243.
Payment of rent in arrears;  payment for use of land
If the owner of improvements upon leased school or university lands sold as provided by this article is the purchaser of the lands and is in arrears for rent due under a permit or lease,  or if he has failed to take out a permit or to pay rent,  then before a certificate of purchase is issued to him he shall,  in addition to the payments required by this article,  pay to the department all rent for which he is in arrears,  and if no rent has been stipulated,  he shall be charged for the use and occupation of the land. Interest at the rate of five per cent per annum shall be charged on all such amounts,  and added to the amount to be paid. A like charge shall be made against the occupant,  if some other party is the purchaser of the land and improvements.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-244 - Certificate of purchase; conditions

37-244.
Certificate of purchase;  conditions
A. Upon compliance by a purchaser of state lands with the requirements of this article,  the department shall make and deliver to the purchaser a certificate of purchase,  which shall set forth:
1. The name of the purchaser.
2. A description of the entire tract of land purchased.
3. The amount paid.
4. The amount paid for improvements,  if any.
5. The amount remaining due.
6. The date when each of the deferred payments falls due,  the amount of each deferred payment and the rate of interest on the first deferred payment.
7. An agreement by the purchaser that he will pay taxes,  water assessments and other charges which may be assessed against the land.
B. Each certificate of purchase shall be signed by the commissioner or his deputy and by the purchaser,  and shall contain the following covenants in addition to any others imposed pursuant to section 37-132:
1. That the purchaser will not permit any loss or commit any waste to or upon the lands.
2. That any right to the use of water appurtenant to the lands shall be maintained to prevent the forfeiture or abandonment of the right.
3. That all taxes levied against the land and all construction and maintenance charges of a United States reclamation project from which the lands may receive water will be promptly paid.
4. That all things will be done to insure the acquisition and maintenance of the rights and the use of the water,  except if the successful irrigation of lands susceptible to irrigation from works constructed or controlled by the United States government is not dependent upon the irrigation works it shall not be necessary to acquire and maintain water rights on such lands.
C. After sale of state land and issuance of a certificate of purchase,  the department shall not issue a certificate of purchase that covers only a part of the entire tract of land sold for the purposes of obtaining a patent to part of the land.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-245 - Rights conferred by certificate of purchase; recording of certificate

37-245.
Rights conferred by certificate of purchase;  recording of certificate
A. The certificate of purchase shall entitle the purchaser and his heirs,  or in case of an assignment filed with and approved by the department,  the assigns of the purchaser,  to possession of the lands therein described,  to maintain actions for injuries thereto or to recover possession thereof,  unless the certificate has become void by forfeiture.
B. The certificate may be recorded as deeds of conveyance are recorded.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-246 - Sale of natural products of lands by purchaser under certificate of purchase; disposition of proceeds; violation; classification

37-246.
Sale of natural products of lands by purchaser under certificate of purchase;  disposition of proceeds;  violation;  classification
A. If a purchaser of state land under a certificate of purchase sells or contracts to sell directly or indirectly any sand,  gravel,  stone or other natural product from the land described in the certificate,  he shall file with the department within ten days after the sale or making the contract,  a statement under oath on a form furnished by the department,  of the kind and quantity of natural product sold,  the terms of the sale,  and the amount received or to be received therefor.
B. Upon receipt of any money from a sale or contract described in subsection A,  the holder of the certificate shall promptly pay the money to the department. The money shall be applied by the department first to payment of the interest accrued under the certificate,  and the remainder,  if any,  to payment of the principal amount owing on the land described in the certificate. If the payment is sufficient to discharge the total debt owing under the certificate,  with accrued interest thereon,  the department shall issue a patent to the purchaser as provided in this article.
C. The department shall cancel the certificate of purchase of a purchaser of state land who fails or refuses to make or knowingly makes any false statement in any statement required by subsection A,  or who fails or refuses to pay to the department any money required to be paid by subsection B. The land described in the certificate,  together with all improvements thereon,  shall revert to the state,  and all amounts theretofore paid for the land by the purchaser shall be forfeited to the state.
D. A person who violates a provision of this section is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-249 - Actions to rescind sales

37-249.
Actions to rescind sales
A. The commissioner or any other person may rescind a sale based on fraud only by filing an action in the superior court. An action based on fraud shall be filed within three years after the date of the auction of that property. If the court voids the sale pursuant to this subsection because the buyer has committed fraud,  the buyer at that sale shall not receive a refund of the monies paid for the fraudulent sale.
B. A person may rescind a sale based on failure to comply with the enabling act,  the Constitution of Arizona or the statutes only by filing an action in the superior court. An action based on the failure to comply with the enabling act,  the Constitution of Arizona or the statutes shall be filed within two years after the date of the auction of that property,  unless a shorter period of limitations applies. If the court voids the sale pursuant to this subsection,  the buyer at that sale shall reconvey the property to the state land department. The department shall refund the money paid thereon to the buyer at that sale,  and make compensation to the buyer for the actual value of the improvements placed on the land by the purchaser. The value shall be determined by the department and paid from the general fund.
C. A person who files suit pursuant to this section shall record a notice of lis pendens in the county or counties in which the property is located. Suit shall not proceed to trial unless the court receives a copy of the recorded lis pendens.
D. This section does not apply to actions to protest auctions pursuant to section 37-301.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-250 - Replacement of lost or destroyed certificate of purchase

37-250.
Replacement of lost or destroyed certificate of purchase
When a certificate of purchase is lost,  destroyed or wrongfully withheld by any person from the owner thereof,  the state land department may receive evidence of the loss,  destruction or wrongful withholding,  and issue a new certificate of purchase,  or patent,  to the person entitled thereto.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-251 - Issuance of patents for state lands

37-251.
Issuance of patents for state lands
A. On filing the certificate of purchase,  together with evidence of full payment of principal and interest,  for the entire tract of land sold,  and evidence that all terms and conditions of the certificate of purchase have been satisfied,  the department shall issue to the purchaser a patent under the seal of this state,  signed by the governor and countersigned by the secretary of state.
B. On application by the purchaser,  a patent for less than the entire tract may be issued to the purchaser if the commissioner finds that it is in the best interest of the applicable trust,  subject to the following:
1. The parcel to be patented may consist of one or more pieces of land,  described either by metes and bounds or by legal subdivision.
2. Before any parcel less than the entire tract is patented,  the department shall determine that the remaining lands are of greater value than the unpaid balance of the certificate of purchase and that the remaining lands have development potential independent of the acreage that is being patented. Before patenting,  the commissioner shall require to be paid an amount,  on the lands to be patented,  in excess of the purchase price per acre of the entire tract until the total price of the entire tract has been paid. In establishing the amount to be paid for the partial patent,  the commissioner shall take into account the amount of the down payment made on the entire tract. This paragraph does not affect certificates of purchase issued before September 30,  1988.
3. When paid,  the partial purchase price shall be credited on the total purchase price stated in the certificate of purchase. The department may issue a supplement to the certificate of purchase deleting the land patented and reducing the amount of each of the remaining annual installments to that amount which,  when all installments are paid in full,  will discharge the entire unpaid balance due on the original certificate of purchase.
C. Any land patented under this section is subject to existing valid rights-of-way.
D. If the purchaser has died and the land described has been sold and confirmed by order of court,  the patent shall be issued to the purchaser to whom confirmation of sale was made. If the estate of the deceased person is distributed by order of the court,  the patent shall be issued to the heirs of the deceased person,  or to the person to whom the lands are distributed. Patents issued to a deceased person shall inure to the benefit of the heirs or assigns of the deceased person.
E. If an assignment of the certificate of purchase has been filed with and approved by the department,  the patent shall be issued to the assignee,  and if proper evidence of a transfer of the certificate by operation of law is filed with the department,  the patent shall be issued to the transferee.
F. A record of all patents issued shall be kept in the records of the department.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-252 - Taxation of lands sold

37-252.
Taxation of lands sold
A. All lands sold under the provisions of this article shall not be subject to taxation until the department issues a patent for such lands pursuant to section 37-251 or until seven years after the date of auction,  whichever occurs first.
B. If a patent for such lands pursuant to section 37-251 has not been issued within seven years after the department issued a certificate of purchase for such lands under section 37-244,  all lands sold under the provisions of this article shall be taxed,  and the taxes assessed on those lands shall be collected and enforced as against other lands. The department shall not issue a patent under section 37-251,  subsection A or B until all taxes that are due on the lands have been paid. On payment of taxes on lands held under certificate of purchase,  the county treasurer to whom the taxes are paid shall immediately furnish to the state land department a statement of the taxes paid. The statement shall be made on forms supplied for that purpose by the department.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-253 - Report to assessor

37-253.
Report to assessor
As soon as possible after a sale of state land and when a patent is issued,  the state land department shall transmit to the assessor of the county in which the land is located a report of the sale and patent setting forth separately a description thereof,  the name of the purchaser,  the amount paid for the land and the improvements thereon.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-254 - Cancellation of tax assessment on lands reverting to state

37-254.
Cancellation of tax assessment on lands reverting to state
If any lands sold revert to the state for any cause,  the state land department shall at once notify the assessor and tax collector of the county in which the land is located,  and upon receipt of the notice,  the assessor shall cancel any assessment of the land,  and the tax collector,  the board of supervisors or other county official shall charge off all taxes levied against the land.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-256 - Application of provisions; east half of dry bed of Colorado river

37-256.
Application of provisions;  east half of dry bed of Colorado river
The provisions of this section and sections 37-257,  37-258 and 37-259 shall apply to the following lands:
1. Lands owned by the state of Arizona which lands are located in the Palo Verde irrigation district in Riverside county,  California,  within three miles,  measured in a true west direction,  of any portion of the Colorado river between river points 13.00 and 13.19 as defined in the " interstate compact defining the boundary between the states of Arizona and California, "  (Laws 1963,  chapter 77) and which lands,  in the opinion of the state land commissioner,  may have constituted the east half of a now dry bed of the Colorado river.
2. Lands owned by the state of Arizona other than lands referred to in paragraph 1 of this section,  which other lands are located within three miles,  measured in a true east or true west direction of any portion of the Colorado river as located in the interstate compact defining the boundary between the states of Arizona and California (Laws 1963,  chapter 77) and which lands,  in the opinion of the state land commissioner,  may have constituted the east half of a now dry bed of the Colorado river,  at such time that the attorney general of the state of Arizona is satisfied that an agency of the state of California is empowered to convey title to any west half of a now dry bed of the Colorado river which may be located within three miles measured in a true east direction of any portion of the Colorado river as above located.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-257 - Application for sale

37-257.
Application for sale
A. Any person who shall satisfy the state land commissioner that the person,  with predecessors in interest,  has held title to a tract of land,  which is subject to sections 37-256 through 37-259,  under claim or color of title for more than ten years and for such ten-year period have paid all real property taxes levied on the land,  may file an application with the state land commissioner requesting the commissioner to offer for sale the state's interest,  if any it has,  to the rights the state of Arizona may own to any dry riverbed on any part of the land described in the application.
B. Upon receipt of the application,  if the state land commissioner determines that the interests of the state will not be prejudiced by the sale of the land,  the commissioner shall:
1. Determine the amount of state land which may be contained in any dry riverbed on the tract of land described in the application.
2. Cause an appraisal to be made based upon the amount of acreage so determined to be possible state land. The appraisal shall specify the value of the state's interest in the land at the date of appraisal exclusive of any increased value resulting from the development of or improvement of or on the land made by the applicant or the applicant's predecessors in interest and the appraisal shall specify the amount of increased value of the land resulting from such development or improvement. In determining the value of the state's interest in the land,  the appraiser shall consider the likelihood of and costs to the state of the state's establishing title to the land.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-258 - Sale of rights in dry riverbed

37-258.
Sale of rights in dry riverbed
A. Upon receipt of the appraisal and when it is in the best interests of this state and of the trust,  the commissioner may cause rights of the state in any dry riverbed on the land described in the application to be put up for sale to the highest bidder. This sale may include the state's interest in oil,  gas,  other hydrocarbon substances,  helium or other substances of a gaseous nature,  geothermal resources,  coal,  minerals,  fossils and fertilizer of every name and description together with all uranium,  thorium or other materials peculiarly essential to the production of fissionable materials.
B. The sale shall be held at the county seat of the county wherein the land was located immediately preceding the river movement which left the riverbed dry,  and if such county cannot be determined by the commissioner,  then the sale shall be held at the county seat of Maricopa county.
C. The sale is subject to all existing leases,  covenants,  conditions,  restrictions,  easements,  encumbrances,  rights and rights-of-way against the land described in the application. The state may sell its rights in an entire section in any one year. No sales shall be deemed to be agricultural land for purposes of section 37-234. At least ten per cent,  but not more than twenty-five per cent,  of the appraised value,  as stated in the auction notice,  which shall be applied to principal,  together with the prescribed fee under section 37-107 shall be paid by cashier's check upon announcement of the successful bidder. The balance of the purchase price shall be paid by cashier's check within thirty days of the date of the sale and no interest shall be charged. In other respects,  the sale shall be conducted as specified in this article. The minimum price at the sale shall be the value of Arizona's interest in the land as determined by the preceding appraisal,  including the increased value resulting from the development or improvements made by the applicant and the applicant's predecessors in interest.
D. If the applicant is not the purchaser the applicant is entitled to receive from the proceeds of sale the amount of the increased value of the land,  as determined by the appraisal,  resulting from the development of or improvement of or on the land made by the applicant or the applicant's predecessors in interest. If the applicant is the purchaser the applicant is entitled to an offset against the purchase price in the amount of the increased value resulting from said developments and improvements. The payment for these improvements shall be made in the manner specified in sections 37-322 and 37-322.02,  except that obtaining the prior approval of the state for making the development or improvement shall not be a prerequisite to the applicant's recovery of the increased value of the land resulting therefrom and that the payment for the improvements may not be on installments.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-259 - Application as offer to settle dispute

37-259.
Application as offer to settle dispute
Any application under section 37-257 and any payments made to this state pursuant thereto shall be deemed an offer by the applicant to compromise and settle a dispute with this state,  and no applicant by filing such application shall be deemed to be admitting that title to the land applied for is owned by this state,  nor shall such application or any payments thereunder be admissible in evidence in any action at law or equity with respect to such land,  nor shall such sale by this state be an admission by this state that it does not own the bed of the present location of the Colorado river or any other bed not specifically covered by such sale.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-260 - Selling and administrative expenses

37-260.
Selling and administrative expenses
Any application and any payment made to this state pursuant to sections 37-257 and 37-258 shall be exempt from the provisions of section 37-107. If the commissioner determines that an appraisal is required on the improvements,  the purchaser of the land shall pay the actual cost of such appraisal.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-261 - Authority to auction reversion rights

37-261.
Authority to auction reversion rights
A. If this state has held a right of reversion with respect to any land sold under this article for ten years without exercise or encumbrance,  the commissioner may order the right of reversion to be appraised and offered for sale at public auction. The commissioner shall prescribe a minimum acceptable bid.
B. The purchaser shall agree in writing to indemnify and hold harmless this state,  the department and the commissioner against all liability with respect to the land.
C. The commissioner shall deposit,  pursuant to sections 35-146 and 35-147,  the revenues from the sale in the appropriate fund under article 13 of this chapter.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-281 - Lease of state lands for certain purposes without advertising; terms and conditions

37-281.
Lease of state lands for certain purposes without advertising;  terms and conditions
A. All state lands are subject to lease as provided in this article for a term of not more than ten years for agricultural,  commercial and homesite purposes,  without advertising. The leases shall be granted according to the constitution,  the law and the rules of the state land department.
B. No lease shall be granted as provided by this section without application. All applications for leases shall be made upon forms prepared and furnished by the department,  shall be signed and sworn to by the applicant or his authorized agent or attorney and shall be filed with the department. In lieu of signing and swearing to the application before a notary public or other person authorized to take acknowledgments,  the applicant may affix his signature to the application,  accompanied by a certification,  under penalty of perjury,  that the information and statements made in the application are to the best of his knowledge and belief true,  correct and complete,  and the application shall be accepted as duly executed.
C. Any material false statement or concealment of facts made by an applicant,  his authorized agent or his attorney in the application to lease,  which,  if known to the department,  would have prevented issuance of the lease in the form or to the person issued,  shall be grounds for cancellation of a lease issued upon such application.
D. No lessee shall use lands leased to him except for the purpose for which the lands are leased.
E. No lessee shall sublease lands leased to him without written permission of the state land department.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-281.01 - Lease of state lands for grazing purposes; notice

37-281.01.
Lease of state lands for grazing purposes;  notice
A. All state lands are subject to lease as provided in this article for a term of not more than ten years for grazing purposes without public auction. In addition to the requirements of section 37-281,  subsections B,  C,  D and E,  the leases shall be granted according to the constitution and laws of this state and rules of the department.
B. The department shall give notice of the availability of expiring grazing leases on state lands by advertisement,  published in December of each year,  at least one year in advance of the expiration date of any grazing lease. The notice shall be published at least once in a newspaper of general circulation,  indicating the number of leases expiring,  the county or counties where each lease is located and the location of posting the notice where additional information may be obtained. The newspaper that prints the notice may also post the notice on an internet web site that aggregates legal notices of ten or more Arizona newspapers. The department shall post notice of expiring leases by lease number,  abbreviated legal description of the lease area,  carrying capacity,  expiration date and application information in the following locations:
1. In each department office.
2. On the department's internet web site.
3. In the office or offices of the county board of supervisors where the land is located.
4. In United States bureau of land management offices in this state where posting is allowed.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-281.03 - Leasing land along Colorado river from United States; subleasing requirements; limitations

37-281.03.
Leasing land along Colorado river from United States;  subleasing requirements;  limitations
A. The state land department may lease from the United States or its authorized agencies,  for park,  recreational and wildlife purposes,  lands under the jurisdiction of the bureau of reclamation,  which are located along the Colorado river embracing the area from Davis dam to the international line,  for such terms and under such conditions as the United States or its agencies may provide.
B. The state land department may sublease lands leased to the department,  as provided in subsection A,  for park,  recreational and wildlife purposes to the state parks board,  the game and fish commission or to any political subdivision of the state.
C. The provisions of section 41-511.05,  paragraph 3,  restricting the creation of a state park or monument or additions thereto to one hundred sixty acres,  shall not apply to any land leased or acquired from the state land department for park and recreational purposes which are under the jurisdiction of the bureau of reclamation on lands located along the Colorado river embracing the area from Davis dam to the international line.
D. The provisions of sections 37-281 and 37-281.02 shall not apply to sublease of lands leased to the state under the provisions of subsection A of this section.
E. The state parks board,  the game and fish commission or a political subdivision of the state which leases land from the state land department as provided by this section may sublease such lands according to the terms of the lease executed between the state land department and the state parks board,  the game and fish commission or the political subdivision of the state.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-281.04 - Default of lease of state land; assignment to cities and towns

37-281.04.
Default of lease of state land;  assignment to cities and towns
A. If a default of a lease of state land made pursuant to this article occurs during the first year of the lease agreement or within four years of the first anniversary date determined by the lease agreement,  the lease may be assigned to a city or town by the commissioner pursuant to this section if the following conditions are met:
1. The state land is located either entirely within or adjacent to the city or town.
2. No portion of the state land is contained within any other city or town.
3. The city or town consents to be bound by all of the terms and conditions of the lease.
4. The commissioner determines that the assignment of the lease to the city or town is in the best interest of the state land trust.
B. If a notice of default has been sent to the lessee and the lessee's registered mortgagees or lienholders and the default has not been cured in accordance with the procedures and time periods in section 37-289,  the commissioner,  on written request of a city or town,  may assign the lease to the city or town without the consent of the defaulting lessee if the city or town cures any outstanding default. An assignment made pursuant to this subsection is an alternative to cancellation of the lease as provided in section 37-289,  subsection B. If the commissioner grants the written request of the city or town for assignment as provided in this subsection,  the commissioner shall make a formal order assigning the lease to the city or town,  and a copy of the order shall be mailed to the last known post office address of the defaulting lessee and the defaulting lessee's registered mortgagees and lienholders. The defaulting lessee shall be permitted to remove the defaulting lessee's improvements,  if any,  at any time within sixty days after the date of assignment.
C. The defaulting lessee and the defaulting lessee's registered mortgagees and lienholders may appeal an assignment order pursuant to title 12,  chapter 7,  article 6. If no appeal is made within the prescribed time or if no notice is filed with the department pursuant to section 37-255,  subsection C,  the order becomes final and the assignment shall be shown on the records of the department.
D. Nothing in this section authorizes a city,  town,  person or legal entity that has rights under this section to claim,  represent,  assert or imply any ownership interest or right of leasehold interest,  present or future,  in any negotiations with a state or federal agency without the consent of the private lessee before having been granted an assignment of a lease pursuant to subsection C of this section.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-282 - Duty of lessees to cooperate with state land department in making classifications and appraisals

37-282.
Duty of lessees to cooperate with state land department in making classifications and appraisals
Lessees of state lands shall cooperate with the state land department in making classifications and appraisals. Lessees shall furnish information requested by the department pertaining to the use of the lands proposed by lessee and in connection with other property held by the lessee as part of a unit. Information furnished by lessee,  except that pertaining to state lands,  shall be confidential and shall not be subject to public inspection.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-283 - Subleases by grazing lessee; limitation upon grazing use; sublease surcharge

37-283.
Subleases by grazing lessee;  limitation upon grazing use;  sublease surcharge
A. A grazing lessee shall not sublease his lease or sell or lease pasturage to lands included in his lease,  without written permission from the state land department. A grazing lessee,  his sublessee or users under pasturage agreement shall not graze,  without written permission of the department,  in excess of the carrying capacity as previously determined by the department,  upon state lands under lease or being used by such persons,  within the exterior boundaries of any one ranch unit or units in the same general locality jointly operated. If permission is granted for such excess,  the department shall assess and collect the rental for the excess on the rental basis provided for in this article.
B. In addition to the annual rental on grazing lands established pursuant to section 37-285,  grazing subleases are subject to a surcharge that is equal to twenty-five per cent of the annual rental on grazing land,  multiplied by the number of animal unit months to be grazed on the subleased state trust land. The surcharge shall be assessed only for that period of time the state trust land is subleased. The surcharge shall be paid to the department when the annual rental is due,  or upon receiving department permission to sublease if the sublease is approved after the annual rental is due.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-286 - Execution of leases by land department; covenants; assignment of lease by lessee

37-286.
Execution of leases by land department;  covenants;  assignment of lease by lessee
A. Leases shall be signed by the commissioner and sealed with the seal of the state land department,  and shall contain covenants that the lessee will not permit any loss,  cause any waste in or upon the land,  or cut,  waste or allow to be cut or wasted,  any timber or standing trees thereon without written consent of the department,  except for fuel for domestic uses,  or for necessary improvements on the land,  and that the lessee will surrender peaceable possession of the lands at the expiration of the lease. Nothing in this section shall be construed to permit the cutting of saw timber for any purpose without the written consent of the department.
B. A lessee of state lands who is not in default in rent,  and who has kept and performed all the conditions of his lease,  may,  with the written consent of the department,  assign the lease,  but a lessee who assigns a holding lease shall pay to the department one-half of the consideration received for the assignment.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-287 - Reservation of rights in state land leases

37-287.
Reservation of rights in state land leases
A. Unless the rights and interests described in this section are specifically included in a particular lease,  all leases of state lands shall expressly except and reserve to the state:
1. All oils,  gases,  geothermal resources,  coal,  ores,  minerals,  fertilizer and fossils of every kind,  which may be in or upon the land leased.
2. Any legal claim existing or which may be established under the mineral land laws of the United States or the state.
3. The right to enter upon the land for the purpose of exploring for those commodities or extracting any or all of such commodities from the land.
4. The right to relinquish to the United States lands needed for irrigation works in connection with a government reclamation project,  and to grant or dispose of rights-of-way and sites for canals,  reservoirs,  dams,  power or irrigating plants or works,  railroads,  tramways,  transmission lines or any other purpose or use on or over the land.
B. The reservations of rights required in subsection A do not apply to existing or future leases under article 5.1 of this chapter,  except as required by the state constitution,  the enabling act or the commissioner acting in the best interests of the state lands.
C. If the state reserves the rights described in subsection A,  the lease shall provide for reasonable compensation to the lessee for any damage resulting from the exercise of those rights.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-287.01 - Default on long-term lease; forfeiture and cancellation of lease; extension of time for payments; penalty and interest on delinquent rent

37-287.01.
Default on long-term lease;  forfeiture and cancellation of lease;  extension of time for payments;  penalty and interest on delinquent rent
A. If a lessee of a lease in excess of ten years defaults in a payment of rent,  as provided in the lease,  or fails to comply with a condition,  covenant or requirement of the lease,  the lease and the lessee's rights under the lease are subject to forfeiture and cancellation as provided by this section and section 37-289. Within sixty days after default or failure the department shall notify the lessee of the default or failure by certified mail to the lessee's last known address of record with the department.
B. On the written request of a lessee of a lease in excess of ten years,  the commissioner may extend the time for payment of the delinquent amount for a period of not more than five years on terms that the commissioner considers to be appropriate as follows:
1. The commissioner may grant an extension in response to a request made within sixty days before the due date of the payment. An extension under this paragraph begins on the date the payment was due and continues for the period stated in a written notice to the lessee.
2. The commissioner may grant an extension in response to a request made within sixty days after the date of the default or failure notice provided in subsection A of this section. An extension under this paragraph begins on the date of the notice and continues for the period stated in a written notice to the lessee.
3. If the department does not act on a request for extension within thirty days after receiving the request,  the request is considered to be denied.
4. If the lessee fails during the period of the extension to complete all delinquent payments of rent,  penalty and interest,  the lease is subject to default and cancellation as provided by this section and section 37-289,  except that if the last day of the last period of extension expires on the last day of the five-year period and all delinquent payments have not been paid by the last day of the five-year period,  the lease is automatically canceled on the last day of the five-year period and shall be so noted on the records of the department.
5. If a payment of rent is made after the due date,  payments must be made according to the extension granted by the commissioner under this subsection.
C. There shall be added to the delinquent rental a penalty and delinquent interest. The rate of interest on delinquent rent shall be set by the state treasurer. The penalty shall be the greater of a minimum processing cost as determined by the commissioner or five per cent. The delinquent rent,  penalty and interest shall be a lien on the improvements,  crops and property on the land.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-288 - Default on short-term lease; forfeiture and cancellation of lease; extension of time for payment; penalty and interest on delinquent rental; automatic termination for arrearage

37-288.
Default on short-term lease;  forfeiture and cancellation of lease;  extension of time for payment;  penalty and interest on delinquent rental;  automatic termination for arrearage
A. If a lessee of a lease of ten years or less defaults in a payment of rent,  as provided in the lease,  or fails to comply with a condition,  covenant or requirement of the lease,  the lease and the lessee's rights under the lease are subject to forfeiture and cancellation as provided by this section and section 37-289.
B. If the lessee of a lease of ten years or less fails to pay the rent when due,  the department may extend the time for payment an additional period not to exceed ninety days. The department shall not extend the period for payment of rental more than three times in one lease year and in no event for more than two hundred seventy days.
C. There shall be added to the delinquent rental a penalty and delinquent interest. The rate of interest on delinquent rent shall be set by the state treasurer. The penalty shall be the greater of a minimum processing cost as determined by the commissioner or five per cent. The delinquent rent,  penalty and interest shall be a lien on the improvements,  crops and property on the land.
D. If,  on a lease of ten years or less,  the annual rental at any time is one calendar year in arrears from the date the rental payment was due,  the lease shall automatically terminate and the department shall proceed to cancel it on the records of the department.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-289 - Procedure on cancellation of lease; notice, default, hearing and appeal

37-289.
Procedure on cancellation of lease;  notice,  default,  hearing and appeal
A. Before any lease is canceled,  the commissioner shall take the following steps:
1. Notice of default shall be sent by certified mail to the lessee and to any parties who have registered with the department as mortgagees or other lienholders of the lessee's interest. The notice shall inform the lessee and registered mortgagees and lienholders of the specific nature of any default and their right to cure any curable default.
2. For leases of ten years or less,  the lessee and registered mortgagees and lienholders have thirty days from receipt of notice of default in which to cure any default involving failure to pay rent,  taxes or other assessments,  and forty-five days from the receipt of notice to cure any other curable default.
3. For leases of more than ten years,  the lessee and registered mortgagees and lienholders have sixty days from receipt of notice of default in which to cure any curable default.
4. As a condition of curing a default,  the commissioner may require the lessee and registered mortgagees and lienholders to waive any right to cure future defaults of the same type. A waiver of the right to cure is valid only until the expiration of the current lease.
B. If the default is not cured within the applicable time period,  the commissioner may make an order canceling the lease,  and if it appears that the lease was procured through fraud,  deceit or wilful misrepresentation,  the improvements on the land shall be forfeited to the state. If the lease is canceled for any other reason,  the lessee shall be permitted to remove the lessee's improvements at any time within sixty days after the date of cancellation.
C. In the event of cancellation the commissioner shall make a formal order canceling the lease,  and a copy of the order shall be mailed to the last known post office address of the lessee and registered mortgagees and lienholders.
D. The lessee and registered mortgagees or other lienholders may appeal a cancellation order pursuant to title 41,  chapter 6,  article 10. If no appeal is made within the prescribed time or if no notice is filed with the department pursuant to section 37-255,  subsection C,  the order shall become final and the lease shall be canceled on the records of the department.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-290 - Cancellation of lease on reclassification of lands; preferred right to lease reclassified land; refund of advance rental payments

37-290.
Cancellation of lease on reclassification of lands;  preferred right to lease reclassified land;  refund of advance rental payments
A. Upon reclassification of state lands,  whether upon application for reclassification or upon initiation by the commissioner,  notice of the decision shall be served upon all interested parties of record in the department. If no appeal from the reclassification is taken as provided for by law,  or if the decision of the commissioner is upheld on appeal,  any lease upon the land reclassified shall be automatically cancelled on the issuance of a new lease or at the time of auction,  whichever occurs first.
B. An applicant for renewal of a lease shall have a preferred right to lease the reclassified land at the reappraised rental thereof for a term not longer than ten years as determined by the department. The preferred right to lease does not extend to a lessee who has not substantially complied with the terms of the lease or who has not placed the land to the use prescribed in the lease during the term of the lease or within the time prescribed in the lease,  except when that action was excused for good cause by written authorization by the department.
C. Upon cancellation of the lease of reclassified lands,  if the land as reclassified is leased to a person other than the existing lessee or applicant for a renewal lease,  the unused pro rata of an advance rental payment made by the existing lessee shall be refunded to such lessee,  and the lessee shall be protected in improvements on the land owned by the lessee in the same manner as provided in section 37-322.01.
2023 Arizona Revised Statutes › Title 37 - Public Lands › § 37-291 - Preferred rights to renewal of lease; exceptions; notification

37-291.
Preferred rights to renewal of lease;  exceptions;  notification
A. On application to the state land department not less than thirty days nor more than one year before the expiration of a lease of state lands,  the lessee,  if a bona fide resident of this state or legally authorized to transact business in this state,  shall have a preferred right to renewal,  bearing even date with the expiration of the old lease,  for a term not longer than ten years,  as determined by the department,  at a reappraised rental.
B. The preferred right of renewal shall not extend to a lessee that has not substantially complied with the terms of the lease or that has not placed the land to the use prescribed in the lease during its term or within the time prescribed,  unless for good cause the failure to perform was given written authorization by the department. If the department determines the continued leasing of the land is not in the best interest of the state trust,  the lease shall not be renewed.
C. Not later than ninety days before the expiration of a lease,  the department shall:
1. Notify the lessee by mail of the pending expiration and enclose an application for the lessee to renew the lease.
2. Send a copy of the notice to any parties that have registered with the department as mortgagees or other lienholders of the lessee's interest by certified mail,  return receipt requested.
D. The department shall accept renewal applications by mail and may accept renewal applications electronically. The method by which the renewal application is submitted may not be a factor in the department's determination of whether to renew the lease.
E. If the existing lease is not renewed and the existing lessee is in substantial compliance with the terms of the lease and there is not a new lessee or buyer for the land within ninety days after the lease termination,  the commissioner must sign an agreement to reimburse the former lessee for the improvements on the lands as provided by section 37-322.01.