reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7058 - Privatization of rest areas; state certified rest area program; definitions

28-7058.
Privatization of rest areas;  state certified rest area program;  definitions
A. The department may:
1. Privatize any rest area constructed on or adjacent to state highways in this state on or after September 26,  2008. Any agreement between the department and a person for privatization under this section shall include a provision that:
(a) Prohibits the person from charging any fees for the use of a lavatory.
(b) Requires the person to provide an adequate outdoor picnic area to be available to the public at no charge.
2. Establish a state certified rest area program that meets the requirements established by the federal highway administration pursuant to Public Law 109-59,  section 1310.
3. Contract with a third party or other government entity to certify and recertify rest areas for the state certified rest area program.
B. For the purposes of this section:
1. " Population"  means the population determined in the most recent United States decennial census or in the most recent special census as provided in section 28-6532.
2. " State certified rest area"  means a privately owned facility that is both of the following:
(a) Certified by this state or a third party to meet the requirements established by the federal highway administration pursuant to Public Law 109-59,  section 1310 and at a minimum offers all of the following:
(i) Fuel and food to the public.
(ii) Twenty-four hour access to restrooms.
(iii) Parking for automobiles and heavy trucks.
(b) Located outside of the public right-of-way and outside of an urbanized area with a population of one hundred thousand or more persons.
3. " Urbanized area"  means an urbanized area as defined in the decennial census by the United States bureau of the census.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7059 - Rest area sponsorship sign program; revenue sharing agreement

28-7059.
Rest area sponsorship sign program;  revenue sharing agreement
A. The department may establish a rest area sponsorship sign program. Notwithstanding sections 28-648,  28-7048 and 28-7053,  the department may contract with a third party to install,  maintain and replace rest area sponsorship signs at rest areas located in the public right-of-way of the interstate or state highway system. The third party shall agree in the contract to lease sponsor recognition space and to furnish,  install,  maintain and replace signs for the benefit of business or organizational sponsors.
B. Costs incurred under the program shall be paid under agreements negotiated between the third party and the business or organizational sponsors.
C. The department may enter into a revenue sharing agreement with the third party. The department shall deposit,  pursuant to sections 35-146 and 35-147,  all monies received from the revenue sharing agreement in a subaccount of the state highway fund for the purpose of rest area maintenance,  operations and repairs.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7091 - Definition of market value

28-7091.
Definition of market value
For the purposes of this article,  " market value"  means the most probable price estimated in terms of cash in United States dollars or comparable market financial arrangements that the property would bring if exposed for sale in the open market,  with reasonable time allowed in which to find a purchaser,  buying with knowledge of all of the uses and purposes to which it was adapted and for which it was capable.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7092 - Land acquisition; transportation purposes

28-7092.
Land acquisition;  transportation purposes
A. In the name of this state,  the director may acquire,  either in fee or a lesser estate or interest,  real property that the director considers necessary for transportation purposes by purchase,  donation,  dedication,  exchange,  condemnation or other lawful means with monies from the state highway fund or any other monies appropriated to the department.
B. Property acquired for transportation purposes includes land or any interest in the land necessary for:
1. Rights-of-way,  campsites,  roadside rest areas,  water or material needed in the construction,  improvement or maintenance of state highways,  airports,  runways,  taxiways or other property under the jurisdiction,  possession or control of the department.
2. Spoil banks,  rock quarries,  gravel pits,  sand or earth borrow pits.
3. Rights-of-way to the place where material required in the construction,  improvement or maintenance of state highways,  airports,  runways or taxiways may be located.
4. Offices,  shops,  maintenance camps,  storage yards,  inspection or weighing stations or radio transmitter or repeater stations.
5. Rights-of-way for access to any location prescribed in this subsection.
6. Relocation of existing utility or irrigation facilities and rights-of-way that are required to be relocated to facilitate a transportation purpose.
7. Legal access to property acquired by the director through adjacent property.
8. Environmental mitigation or banking credits,  if necessary to satisfy the requirements of federal or state environmental laws or regulations or requirements to obtain a permit,  grant or right to use property from a federal or state agency. For the purposes of this paragraph:
(a) " Banking credits"  means payment in lieu of costs of acquisition,  preservation or maintenance of habitat or other environmentally protected locations.
(b) " Environmental mitigation"  means replacement of habitat or other environmentally protected locations that are taken for or affected by a transportation facility.
9. Private legal access to property when the access has been severed as a result of a taking for transportation purposes.
C. If part of a parcel of land is to be taken for transportation purposes and the remainder is to be left in such shape or condition as to be of little value to its owner or to give rise to claims or litigation concerning severance or other damage,  the director may acquire the whole parcel by any means provided in subsection A of this section,  and the remainder may be sold,  exchanged for other property needed for transportation purposes or used for rights-of-way for relocated utility or irrigation facilities.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7093 - Eminent domain

28-7093.
Eminent domain
A. This state may exercise the right of eminent domain for transportation purposes,  and the court in which the action is pending shall give the action precedence over other civil actions.
B. If property that is devoted to or held for some public use other than existing street,  highway or airport uses for which the power of eminent domain might be exercised is to be taken for such transportation purposes and if the person or agency in charge of the public use consents,  the director may purchase or exercise the right of eminent domain to acquire real property or an interest in the property to be exchanged with the person or agency for the real property that is to be taken for transportation purposes.
C. This article does not limit the authorization to the department to acquire,  other than by exchange,  property for these purposes or to acquire directly by condemnation,  purchase or otherwise,  without such exchange,  property held for some other public use by any lawful means provided in section 28-7092.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7096 - Appraisal reports; market analyses

28-7096.
Appraisal reports;  market analyses
A. The director shall justify each acquisition or disposal under this article of real property with an estimated value of more than fifty thousand dollars by at least one appraisal report that is of sufficient scope to document and justify the economic basis for the acquisition or disposal.
B. The director may acquire or dispose of real property valued at fifty thousand dollars or less after the value has been estimated and justified by a market analysis based on comparable sales.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7097 - Before condition; market value change

28-7097.
Before condition;  market value change
In acquiring property for transportation purposes pursuant to this article,  when determining the market value of the property to be taken and the market value of the remainder,  if any,  in the before condition,  a decrease or increase in the market value of the real property before the date of valuation caused by the public project for which the property is to be acquired or by the likelihood that the property would be acquired for the project shall be disregarded.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7098 - Appraisal; condemnation; initial offer

28-7098.
Appraisal;  condemnation;  initial offer
A. Before filing a condemnation action to acquire property for transportation purposes pursuant to this article,  the department shall obtain one or more appraisals that estimate the amount of just compensation for the proposed taking and damaging of the property.
B. At least twenty days before filing an action for condemnation of property for transportation purposes pursuant to this article,  the department shall deliver to the property owner of record and the sole lessee of record,  if applicable,  according to the records of the county recorder in the county in which the property is located:
1. A written offer to purchase the property or interest in the property and to pay just compensation for the property or interest in the property and for any compensable damages to any remaining property. The offer must constitute the department's estimate of just compensation.
2. One or more appraisals that support the amount of the proposed compensation.
C. If no lease is recorded or if more than one lease is recorded for the property with the county recorder of the county in which the property is located,  at least twenty days before filing an action for condemnation of property or any interest in property,  the department shall provide notice of the offer and appraisal to the party having a plain and obvious commercial ownership or operational interest in substantial improvements on the property by posting the notice in plain sight at the property that may be subject to condemnation. If a lessee that is not noted in the record of the county recorder and has a commercial ownership or operational interest in substantial improvements on the property requests a copy of the offer and appraisal the plaintiff shall promptly comply with the request upon presentation of documentation by the lessee of its interest in the property.
D. The department's initial offer of just compensation to the aggregate of those persons with an interest in the property shall not be less than the lowest of the appraisals prepared by or for the department.
E. At any time after the department has filed a condemnation action and on request,  it shall promptly provide to any person in interest a copy of the appraisal of the property on which the department's most recent offer is based.
F. The superior court may waive the requirements of subsection A or B if the court determines that the plaintiff will suffer immediate and irreparable harm that outweighs the property owner's or lessee's interest.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7099 - Property repurchase; right of first refusal

28-7099.
Property repurchase;  right of first refusal
A. If property is acquired for transportation purposes by agreement of the parties before the filing of a condemnation action or by stipulation before judgment in the condemnation action,  the deed transferring the property shall provide the original owner or the original owner's heirs with a right of first refusal to acquire the property if the director determines that the property is not needed or used for transportation purposes at a purchase price equal to the current market value of the property.
B. The right of first refusal expires on the earlier of eight years after the date of recording the deed to the property from the original owner or sixty days after the director's determination that the property is not needed or used for transportation purposes. If a deed transferring the property was executed before the effective date of this amendment to this section and provides for the right of repurchase,  the right of repurchase expires on the earlier of eight years after the date of recording the deed to the property from the original owner or ninety days after the director's determination that the property is not needed or used for transportation purposes. An original owner or an original owner's heir who has a right to repurchase may elect to use either the right to repurchase or the right of first refusal.
C. If the director determines that the property is not needed or used for transportation purposes,  if the deed transferring the property contains a right of first refusal provision and if the right of first refusal has not expired,  the director shall offer the property to the original owner or the original owner's heirs at a price determined pursuant to this section. If the original owner or the original owner's heirs accept the offer within sixty days after the director determines that the property is no longer needed or used for transportation purposes,  the director shall issue a quitclaim deed to the property on payment of the price. A quitclaim deed issued under this section or any deed or other document evidencing abandonment or sale by the director creates a presumption of compliance with the requirements of this section relating to the right of first refusal of the original owner or the original owner's heirs and is conclusive evidence of meeting the requirements of this section in favor of purchasers and encumbrancers for value and without actual notice. Knowledge of the grantor shall not be imputed to the grantee.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7100 - Dismissal of condemnation action

28-7100.
Dismissal of condemnation action
Before payment of the compensation and damages awarded the defendants by the court or jury,  the director may abandon the proceedings and cause the condemnation action to be dismissed without prejudice,  except that the director shall not initiate any eminent domain proceeding with respect to the same property for the same or a related project for at least two years after the date of the verdict or judgment.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7101 - Condemnation; interest

28-7101.
Condemnation;  interest
Interest on a judgment in a condemnation proceeding instituted by the department,  including interest that is payable pursuant to section 12-1123,  subsection B,  shall be calculated for each month or portion of a month that interest is owed and shall be either:
1. The prime rate charged by banks on short-term business loans as determined for publication in the bulletin of the board of governors of the federal reserve system,  as of the first day of that month.
2. In the absence of a determination by the board of governors of the federal reserve system,  calculated in the same manner based on comparable data as determined by the United States department of commerce,  bureau of economic analysis,  for publication in " survey of current business" .
3. If the prime rate cannot be determined from publication as provided in paragraph 2,  determined by a federal agency that is annually designated by the board and that makes and publishes data sufficient to determine the prime rate of interest.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7142 - Relocation assistance advisory services

28-7142.
Relocation assistance advisory services
A. Programs or projects undertaken by a displacing agency shall be planned in a manner that both:
1. Recognizes,  at an early stage in the planning of the programs or projects and before the commencement of any actions that will cause displacements,  the problems associated with the displacement of individuals,  families,  businesses and farm operations.
2. Provides for the resolution of the problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.
B. The displacing agency shall ensure that the relocation assistance advisory services described in subsection C are made available to all persons displaced by the agency. If the displacing agency determines that a person occupying property that is immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result of the activity,  the agency may make advisory services available to the person.
C. Each relocation assistance advisory program required by subsection B shall include the measures,  facilities or services that may be necessary or appropriate in order to:
1. Determine and make timely recommendations on the needs and preferences,  if any,  of displaced persons for relocation assistance.
2. Provide current and continuing information on the availability,  sales prices and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations.
3. Assist a person who is displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location.
4. Supply:
(a) Information concerning federal,  state and local programs that may be of assistance to displaced persons.
(b) Technical assistance to those persons in applying for assistance under the programs.
5. Provide other advisory services to displaced persons in order to minimize hardships to those persons in adjusting to relocation.
D. The displacing agency shall coordinate relocation activities performed by the agency with other federal,  state or local governmental actions in the community that could affect the efficient and effective delivery of relocation assistance and related services.
E. If a displacing agency acquires property for a program or project,  a person who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project is eligible for advisory services to the extent determined by the displacing agency.
F. The department may establish local relocation assistance offices to carry out subsection A.
G. The department may contract with federal,  other state,  county or local agencies to provide relocation assistance services if the agency is required by law to provide the services and if the services are compatible with those services provided by the department.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7143 - Moving and related expenses; payment; substitute payments

28-7143.
Moving and related expenses;  payment;  substitute payments
A. As a part of the cost of construction and on proper application to the department,  the department shall pay to a displaced person,  business or farm operation:
1. Actual reasonable expenses in moving the displaced person and the displaced person's family,  business,  farm operation or other personal property.
2. Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation,  but not more than the reasonable expenses that would have been required to relocate the property as determined by the department.
3. Actual reasonable expenses in searching for a replacement business or farm.
4. Actual reasonable expenses necessary to reestablish a displaced farm,  nonprofit organization or small business at its new site pursuant to criteria established by the department,  but not more than $50, 000.
B. A displaced person who is eligible for payments under subsection A of this section,  who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection A of this section may receive an expense and dislocation allowance determined according to a schedule established by the director.
C. A displaced person who is eligible for payments under subsection A of this section,  who is displaced from the person's place of business or farm operation and who is eligible under criteria established by the department may elect to accept,  instead of the payment authorized by subsection A of this section,  a fixed payment in an amount that is determined according to criteria established by the department and that is at least $1, 000 but not more than $40, 000. A person whose sole business at the displacement dwelling is the rental of the property to others does not qualify for a payment under this subsection.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7144 - Replacement dwelling; additional payment

28-7144.
Replacement dwelling;  additional payment
A. In addition to other payments authorized by this article,  the displacing agency shall pay not more than thirty-one thousand dollars to a displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for at least ninety days before the initiation of negotiations for the acquisition of the property. This additional payment shall include the following elements:
1. The amount,  if any,  that when added to the acquisition cost of the dwelling acquired by the displacing agency equals the reasonable cost of a comparable replacement dwelling.
2. The amount,  if any,  that will compensate the displaced person for any increased interest costs and other debt service costs that the person is required to pay for financing the acquisition of any comparable replacement dwelling,  only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage that was a valid lien on the dwelling for at least ninety days immediately before the initiation of negotiations for the acquisition of the dwelling.
3. Reasonable expenses incurred by the displaced person for evidence of title,  recording fees and other closing costs incidental to the purchase of the replacement dwelling except prepaid expenses.
B. The displacing agency shall make the additional payment authorized by this section only to a displaced person who purchases and occupies a decent,  safe and sanitary replacement dwelling within one year after the date on which the person receives final payment from the displacing agency for the acquired dwelling or the date on which the obligation of the displacing agency under section 28-7152 is met,  whichever is later,  except that the displacing agency may extend this period for good cause. If the period is extended,  the payment under this section is based on the costs of relocating the person to a comparable replacement dwelling within one year of that date.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7145 - Expenses incidental to transfer of property

28-7145.
Expenses incidental to transfer of property
In addition to the payments authorized by sections 28-7143 and 28-7144 and as a part of the cost of construction,  the department shall reimburse the owner,  after the date of payment of the purchase price or the date of deposit in court of monies to satisfy the award or compensation in a condemnation proceeding to acquire real property,  whichever is earlier,  to the extent it deems fair and reasonable for expenses the owner necessarily incurred for:
1. Recording fees,  transfer taxes and similar expenses incidental to conveying the real property.
2. Penalty costs for prepayment of any preexisting recorded mortgage that is entered into in good faith and that encumbers the real property.
3. The pro rata portion of real property taxes that are paid and that are allocable to a period after the date of vesting of title in the state or the effective date of the possession of the real property by the state,  whichever is earlier.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7146 - Replacement housing for tenants

28-7146.
Replacement housing for tenants
A. In addition to amounts otherwise authorized by this article,  a displacing agency shall pay to or for a person who is displaced from a dwelling and who is not eligible to receive a payment under section 28-7144 if the dwelling was actually and lawfully occupied by the displaced person for at least ninety days immediately before either:
1. The initiation of negotiations for acquisition of the dwelling.
2. In a case in which displacement is not a direct result of acquisition,  another event as the department prescribes.
B. Payment under subsection A of this section consists of the amount necessary to enable the person to lease or rent for a period of not more than forty-two months a comparable replacement dwelling but not more than seven thousand two hundred dollars. At the discretion of the displacing agency,  a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low income displaced person for a comparable replacement dwelling shall take into account the person's income.
C. A person who is eligible for a payment under subsection A of this section:
1. May elect to apply the payment to a down payment on and other incidental expenses relating to the purchase of a decent,  safe and sanitary replacement dwelling.
2. At the discretion of the displacing agency,  may be eligible under this subsection for the maximum payment allowed under subsection B of this section,  except that the payment to a displaced homeowner who has owned and occupied the displacement dwelling for at least ninety days immediately before the initiation of negotiations for the acquisition of the dwelling shall not exceed the payment the person otherwise would have received under section 28-7144,  subsection A if the person had owned and occupied the displacement dwelling ninety days immediately before the initiation of the negotiations.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7148 - Rules

28-7148.
Rules
A. The director shall adopt rules as the director determines is necessary to ensure that:
1. The payments and assistance authorized by this article are administered in a manner that is fair and reasonable and as uniform as practicable.
2. A displaced person who makes proper application for a payment authorized by this article is paid promptly after a move,  or in hardship cases,  paid in advance.
3. An aggrieved person may have the person's application reviewed.
B. The director shall adopt any other rules that are consistent with this article as the director deems necessary or appropriate to carry out this article.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7149 - Payments not income

28-7149.
Payments not income
A payment received by a displaced person under this article:
1. Is not income for the purposes of title 43 relating to the taxation of income.
2. Is not considered as income or resources to a recipient of public assistance.
3. Shall not be deducted from the amount of aid to which the recipient would otherwise be entitled under a federal,  state,  county or city welfare program.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7151 - Negotiation and purchase of property for future transportation facilities

28-7151.
Negotiation and purchase of property for future transportation facilities
The department may negotiate and purchase at a price mutually acceptable to the property owner and the department property that is expected to be needed for future transportation facilities. This section applies only to qualified advance acquisitions of properties that are located within projects for which,  at the time of the purchase,  construction is not scheduled in the five year transportation facilities construction program provided for in article 3 of this chapter.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7152 - Assurance of dwellings

28-7152.
Assurance of dwellings
A. If a program or project undertaken by a displacing agency cannot proceed on a timely basis because comparable replacement dwellings are not available and the head of the displacing agency determines that the dwellings cannot otherwise be made available,  the head of the displacing agency shall take any action that is necessary or appropriate to provide the dwellings by the use of monies authorized for the project. The displacing agency may exceed the maximum amounts that may be paid under sections 28-7144 and 28-7146 on a case by case basis for good cause as determined pursuant to department rules.
B. A person shall not be required to move from a dwelling on account of a program or project undertaken by a displacing agency unless the displacing agency is satisfied that comparable replacement housing is available to the person.
C. The displacing agency shall ensure that a person is not required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling,  except in any of the following cases:
1. A major disaster as defined in section 102(2) of the federal disaster relief act of 1974.
2. A national emergency declared by the president of the United States.
3. Any other emergency that requires the person to move immediately from the dwelling because continued occupancy of the dwelling by the person is a substantial danger to the health or safety of the person.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7153 - Condemnation; litigation expenses

28-7153.
Condemnation;  litigation expenses
A. The court having jurisdiction of a proceeding instituted by the department to acquire real property by condemnation shall award the owner of any right to,  title to or interest in the real property an amount that will reimburse the owner for the owner's reasonable costs,  disbursements and expenses,  including reasonable attorney,  appraisal and engineering fees,  actually incurred because of the condemnation proceedings,  if any of the following occurs:
1. The final judgment is that the department cannot acquire the real property by condemnation.
2. The proceeding is abandoned or dismissed on a motion by the department as authorized by section 28-7100.
B. The court rendering a judgment for the plaintiff in a proceeding brought under section 28-7052 awarding compensation for the taking of property by the department in effecting a settlement of that proceeding shall determine and award to the plaintiff,  as a part of the judgment or settlement,  an amount that in the opinion of the court or the department will reimburse the plaintiff for the plaintiff's reasonable costs,  disbursements and expenses,  including reasonable attorney,  appraisal and engineering fees,  actually incurred because of the proceeding.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7154 - Buildings, structures and improvements

28-7154.
Buildings,  structures and improvements
A. Notwithstanding any other law,  if this state acquires an interest in real property,  it shall acquire at least an equal interest in all buildings,  structures or other improvements located on the acquired real property that it requires to be removed from the real property or that it determines will be adversely affected by the use to which the real property will be put.
B. For the purpose of determining the just compensation to be paid for any building,  structure or other improvement required to be acquired by subsection A:
1. The building,  structure or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant,  as against the owner of any other interest in the real property,  to remove the building,  structure or improvement at the expiration of the tenant's term.
2. The fair market value that the building,  structure or improvement contributes to the fair market value of the real property to be acquired or the fair market value of the building,  structure or improvement,  for removal from the real property,  whichever is more,  shall be paid to the tenant.
C. Payment under this section shall not result in duplication of any payments otherwise authorized by law. A payment shall not be made under this section unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for this payment,  the tenant shall assign,  transfer and release to this state all of the tenant's right,  title and interest in and to the improvements.
D. This section does not deprive the tenant of any rights to reject payment under this section and to obtain payment for the property interests in accordance with applicable law,  other than this section.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7156 - Utility relocation; cost reimbursement

28-7156.
Utility relocation;  cost reimbursement
A. The director may authorize the reimbursement to a city,  town or county for the cost of labor,  equipment,  materials,  preliminary engineering and right-of-way purchase required to adjust or relocate a utility facility if all of the following apply:
1. An existing city,  town or county public highway or street is established as a state highway.
2. At the time the highway or street is established as a state highway,  a utility facility belonging to a city,  town or county exists within the right-of-way of the highway or street.
3. It becomes necessary to adjust or relocate the utility facility due to modification or improvement of the state highway.
B. The director shall determine the payment for labor,  equipment and materials. The cost of relocation shall not exceed the value of the substitute utility facility. The director shall base the determination of the value of a substitute utility facility on the costs for replacement of a like facility. Costs of relocation shall exclude any betterments or increases in the size or capacity beyond those of the existing utility facility.
C. This section does not apply to a city,  town or county utility facility that is owned by the city,  town or county and that exists within the highway or street right-of-way by virtue of any permit,  franchise or other revocable authority granted by the department,  unless the authority was previously granted as part of an adjustment or relocation pursuant to this section.
D. Once established pursuant to a relocation prescribed by this section,  a city's,  town's or county's rights remain with the applicable city,  town or county for which the relocation occurred.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7201 - Definitions

28-7201.
Definitions
In this article,  unless the context otherwise requires:
1. " Governing body"  means the city or town council or other authority of a city or town,  the board of supervisors of a county or the transportation board.
2. " Owner"  or " owners of record"  includes a person,  firm,  partnership,  association or corporation.
3. " Owners association"  means a nonprofit corporation authorized to do business in this state.
4. " Roadway"  includes all or part of a platted or designated public street,  highway,  alley,  lane,  parkway,  avenue,  road,  sidewalk or other public way,  whether or not it has been used as such.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7202 - Disposition of unnecessary public roadways

28-7202.
Disposition of unnecessary public roadways
If a governing body determines that a public roadway owned by the city,  town,  county or state or a portion of the roadway is not necessary for public use as a roadway,  the governing body may dispose of or use the roadway as provided in this article.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7204 - Roadway sale; definition

28-7204.
Roadway sale;  definition
A. The governing body may authorize the director to sell and convey the land within the roadway or portion of the roadway by quitclaim deed.
B. On conveyance,  the roadway or portion of the roadway is deemed vacated,  title to the roadway or portion of the roadway vests in the grantee and,  if the grantee is an abutting owner,  title vests subject to the same encumbrances,  liens,  limitations,  restrictions and estates as exist on the grantee's abutting land.
C. At least sixty days before the date of the sale,  a notice of sale describing the roadway or portion of the roadway to be sold shall:
1. Be posted at intervals of no more than one mile and in at least three places on or along the side of the roadway.
2. Make specific reference to this section.
3. State that a person may submit purchase offers and that abutting owners have preference rights pursuant to this article.
4. Be delivered or mailed to abutting owners of record if their addresses are known or can be readily discovered.
D. Abutting owners of record in whom title to a portion of the roadway would vest under section 28-7205 may deliver,  at the sale or at any time before the sale,  to the clerk or secretary of the governing body or the director,  in the case of this state,  a written offer to purchase the portion or a part of the portion for the consideration paid for the land by the city,  town,  county or state,  whichever first acquired the land within the roadway for public use. If an offer is submitted in a timely manner,  it shall be preferred over all other offers.
E. In the absence of an offer prescribed in subsection D of this section,  the governing body or the director,  in the case of this state,  may sell the roadway or portion of the roadway for an amount of consideration it deems advisable.
F. A quitclaim deed issued under this section creates a presumption of compliance with the requirements of this article relating to the sale of the roadway or portion of the roadway,  including recording,  mailing and posting the notice of the sale and conducting the sale. The deed is conclusive evidence of meeting these requirements in favor of purchasers and encumbrancers for value and without actual notice. Knowledge of the grantor shall not be imputed to the grantee.
G. For the purposes of this section,  " abutting owner"  means the original owner of the vacated roadway or the original owner's heirs who have previously had a portion of the property acquired for roadway purposes and thereafter are left with an abutting remainder of property over which they still retain direct ownership.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7205 - City, town or county road vacated

28-7205.
City,  town or county road vacated
If the roadway is a city,  town or county roadway,  the governing body may resolve that the roadway or portion of the roadway be vacated. On the making of the resolution,  title to the roadway or portion of the roadway vests,  subject to the same encumbrances,  liens,  limitations,  restrictions and estates as exist on the land to which it accrues,  as follows:
1. If a roadway that is the exterior boundary of a subdivision or other tract of land is vacated,  title to the roadway vests in the owners of the land abutting the vacated roadway to the same extent that the land included within the roadway,  at the time the roadway was acquired for public use,  was a part of the subdivided land or was a part of the adjacent land.
2. If less than the entire width of the roadway is vacated,  title to the vacated portion vests in the owners of the land abutting the vacated portion.
3. If a roadway bounded by straight lines is vacated,  title to the vacated roadway vests in the owners of the abutting land and each abutting owner takes to the center of the roadway,  except as provided in paragraphs 1 and 2. If the boundary lines of abutting lands do not intersect the roadway at a right angle,  the land included within the roadway vests as provided in paragraph 4.
4. In all instances not specifically provided for,  title to the vacated roadway vests in the owners of the abutting land,  and each abutting owner takes that portion of the vacated roadway to which the abutting owner's land or any part of the abutting owner's land is nearest in proximity.
5. On vacation of a roadway no portion accrues to an abutting roadway.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7206 - Planned development roadway vacated

28-7206.
Planned development roadway vacated
Notwithstanding section 28-7205,  if the roadway is a city,  town or county roadway in a planned development,  the governing body may resolve that the roadway or portion of the roadway be vacated and that title to the vacated roadway or portion of the roadway vests in the owners association if the following conditions are met:
1. The owners association includes the owners of the land abutting the roadway or portion of the roadway to be vacated.
2. The owners association has rights and remedies under covenants,  conditions or restrictions of title to maintain the vacated roadway and to assess all members of the association for the maintenance of the roadway.
3. Two-thirds of the members of the owners association and a majority of the owners of commercial property abutting the roadway or portion of the roadway to be vacated approve the vesting of title to the roadway or portion of the roadway in the association.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7207 - State roadway abandoned

28-7207.
State roadway abandoned
If a roadway is a state roadway,  the governing body may resolve that this state's interest in the roadway or portion of the roadway be abandoned. On abandonment:
1. This state's interest in the part of the roadway that is located outside the boundaries of incorporated cities or towns vests in the county where the roadway is located.
2. This state's interest in the part of the roadway that is located within the boundaries of an incorporated city or town vests in that city or town.
3. The director shall promptly notify the city,  town or county affected by the abandonment,  and that county,  city or town may maintain the roadway as other county,  city or town roadways are maintained or dispose of it as provided in this article.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7208 - Consideration required

28-7208.
Consideration required
Notwithstanding any other law,  except as provided in section 28-7215,  vesting of title pursuant to sections 28-7205,  28-7206 and 28-7207 is subject to the giving of consideration from the owner of the abutting property to the governing body in an amount deemed by the governing body to be commensurate with the value of the abandoned roadway. The governing body shall give due consideration to its degree of fragmentation and marketability and any other public benefit received by the governing body in return for the abandoned roadway in determining the amount of consideration.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7209 - Vacated or abandoned highway; affected jurisdiction; procedure

28-7209.
Vacated or abandoned highway;  affected jurisdiction;  procedure
A. If the board vacates or abandons a portion of a state route or state highway pursuant to section 28-304,  the board shall:
1. Vacate or abandon the portion of the route or highway in cooperation with an affected jurisdiction and in full recognition of the financial and administrative impacts of the changes on the affected jurisdiction.
2. Provide four years' advance notice to the affected jurisdiction,  except as provided in paragraph 3 and except that,  by mutual agreement,  the board and the affected jurisdiction may waive this requirement for notification.
3. Provide at least one hundred twenty days' advance notice to the affected jurisdiction for the abandonment of new street improvements such as cul-de-sacs and reconnections of existing streets resulting from highway projects.
B. Before a paved highway is vacated or abandoned,  the pavement before the vacating or abandonment shall be in such a condition that additional surface treatment and major maintenance of the highway are not required for at least five years,  unless the board and the affected jurisdiction agree to waive the requirement of this subsection.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7210 - Reservation of easements

28-7210.
Reservation of easements
Rights-of-way or easements for the following continue as they existed before the disposal or abandonment of the rights-of-way or easements:
1. Existing sewer,  gas,  water or similar pipelines and appurtenances.
2. Canals,  laterals or ditches and appurtenances.
3. Electric,  telephone and similar lines and appurtenances.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7211 - Notice; hearing; appraisal

28-7211.
Notice;  hearing;  appraisal
The governing body or the board,  in the case of this state,  may give notice of pending disposition of roadways,  hold hearings,  obtain appraisals and take other similar action in connection with the disposition if it deems the action necessary or advisable.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7212 - Disposition; joint action

28-7212.
Disposition;  joint action
A. The part of a county roadway that is the boundary line between two counties shall not be disposed of except by joint action of the boards of supervisors of both counties.
B. The part of a state or county roadway that is a boundary line of an incorporated city or town or that is a state or county highway within an incorporated city or town shall not be disposed of except by joint action of the governing bodies of the city or town and the county or this state. Notwithstanding this subsection but subject to the obligations of the contract,  a county board of supervisors or this state may abandon a county or state highway within an incorporated city or town by resolution.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7213 - Resolution; effective date

28-7213.
Resolution;  effective date
A governing body's resolution that disposes of a roadway or a portion of a roadway or that applies the roadway to another public use shall:
1. Describe the roadway and its disposition or use.
2. Take effect when it is recorded in the office of the county recorder of the county in which the roadway is located.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7215 - Public road access; vacating public roadway without compensation

28-7215.
Public road access;  vacating public roadway without compensation
A. A roadway shall not be vacated if any land adjoining the roadway is left without a public or private legal access connecting the land with an established public roadway,  unless there is expressly reserved in the conveying instrument the roadway rights of ingress and egress for public or emergency vehicles,  all property owners,  property owner guests and invitees and persons lawfully conducting business on the land.
B. If a governing body determines that a public roadway has no public use or no market value,  the governing body may vacate the public roadway without compensation to the governing body if the person taking the public roadway agrees to assume the costs of maintaining the public roadway and the liability for the public roadway.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7251 - Construction of bridge or dam; violation; classification

28-7251.
Construction of bridge or dam;  violation;  classification
A. It is unlawful to construct or begin the construction of a bridge,  dam,  dike or causeway over or in any navigable river or other navigable water within the jurisdiction of this state unless the attorney general has recommended and the governor has authorized the construction.
B. A person or corporation that violates this section is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-7252 - Failure to construct or repair bridge or crossing; classification

28-7252.
Failure to construct or repair bridge or crossing;  classification
A person who is required by law to construct,  maintain or repair bridges or crossings over a ditch or irrigating canal and who knowingly fails or refuses to construct,  maintain or repair these bridges or crossings is guilty of a class 2 misdemeanor.