Ariz. Admin. Code § R12-5-801 - Linear Right-of-Way
4. "Lease" means any lease on
state land in existence at the time applicant applies for right-of-way, or
granted thereafter for either surface or subsurface use.
5. "Patent" means a document used
by the State Land Department to convey title to land.
6. "Site" means a reservoir for
storage of water; a location for a dam, a power plant or an irrigation plant,
and for other purposes for public uses. (Not to include workings for the
removal of sand, gravel and other road materials.)
a. Any citizen of the United
States, partnership or association of citizens, or a corporation organized
under the laws of the United States or any state or territory thereof, and who
are authorized to transact business in the state, and any governmental agency
of the state or political subdivision and municipal corporations thereof, may
apply to the Department for a right-of-way on, over or through state
land.
b. Application for right-of-way
shall be made upon forms provided by the State Land Department.
a. The application for a
right-of-way shall be in such form as the Commissioner may prescribe, shall be
filed with the Department by the applicant or by an authorized agent for the
applicant, and shall be required to furnish the Department the following
information as the Commissioner may prescribe.
i. Name and address of
applicant.
ii. Statement whether applicant is
an individual, partnership or corporation, or governmental agency of the state
or political subdivision and municipal corporation thereof.
iii. Statement of citizenship,
when applicable.
iv. If a
corporation:
(1) Name.
(2) State of
incorporation.
(3) Arizona business
address.
(4) Affirmation of authority to do
business in Arizona.
v. Age and marital status, when
applicable.
vi. Description, according to the
public land survey of the land for which application is being
made.
vii. Width of the
right-of-way.
viii. The nature of the
right-of-way (the right-of-way is temporary or permanent; the right-of-way
requires exclusive use or to what extent; a right- of-way through a given
area).
ix. A survey of the land for which
application is being made showing distance and direction from a known cadastral
survey point in each section.
x. Location of improvements or
crops on land under application over which proposed routes of right-of-way will
pass (information required in (ix) and (x) shall be conveyed by means of
accurate plat or drawing accompanying the application form).
xi. The applicant shall furnish
evidence from surface lessee and all other right holders in the land applied
for giving consent to the new right-of-way or objection
thereto.
b. This rule shall not be taken or
construed to limit or restrict the authority of the Commissioner to require the
applicant to furnish such additional information as the Commissioner may deem
necessary.
a. Each application filed with the
Department shall be accompanied by a filing fee.
b. Each application filed shall
first be checked for its completeness and when it meets the requirements shall
be made of record in the Department.
c. Rental or other payment for
each right-of-way shall be determined by the Commissioner after
appraisal.
i. Rental for rights-of-way
granted without public auction sale shall be determined by the Commissioner
after appraisal.
ii. Rights-of-way for exclusive
use or perpetual in nature (except rights-of-way granted to governmental
agencies of the state or political subdivisions and municipal corporations
thereof) shall be sold at public auction as provided under the laws for sale of
state land after appraisal.
iii. Rights-of-way for
governmental agencies of the state or political subdivisions and municipal
corporations thereof may be granted by the Department for an indefinite period
for so long as used for the purpose granted after full payment of the appraised
value of the right-of- way has been made to the State Land
Department.
(1) All appraisals of
rights-of-way shall be established by the State Land
Commissioner.
(2) The appraised value of the
right-of-way shall be determined in accordance with the principles established
in A.R.S. §§ 12-1122 and 37-132 .
a. The filing of an application
for a right-of-way shall not confer upon the applicant any right to use the
area applied for.
b. A right of entry to map and
survey or for any other purpose in the area to be applied for may be obtained
from the Commissioner on forms provided by the Department.
a. Upon the compliance by the
applicant with the requirements set forth by the Commissioner, the right-of-way
contract shall be issued.
b. The failure of the applicant to
execute and return the right-of-way contract with all monies required within 60
days from the date of mailing by the Department, the Commissioner may issue a
cancellation order for non-completion of the contract.
c. The date of the right-of-way
contract shall commence on the date the contract is mailed by the Department to
the applicant.
D.
Right-of-way
1. Term of right-of-way. The term
of the right-of-way shall be determined by the Department and shall be set
forth on the right-of-way contract.
2. Right-of-way rentals or other
payments. The rental or any other payments required for rights-of-way shall be
determined by the Commissioner after appraisal.
3. Possession and right of use of
right-of-way area. The right is granted for the use of the area described in
the right-of- way contract subject to any existing prior rights and subject to
any rights the Department shall grant hereafter.
4. Provisions of the
right-of-way
a. Every right-of-way contract
shall provide for:
i. Payment to the Department of
the amount established by the Commissioner after determination of the true
appraised value.
ii. The installation and
construction of necessary machinery, equipment and facilities with the right of
removal within 90 days after expiration or termination of the
right-of-way.
iii. Fencing and other protective
requirements deemed necessary by the Commissioner.
iv. That the grantee shall restore
the surface of the land within the right-of-way to a reasonable condition as
required by the Commissioner.
v. That the grantee will
indemnify, hold and save grantor harmless against all loss, damage, liability,
expenses, costs and charges incident to or resulting in any way from the use,
condition or occupation of the land.
vi. A statement of the purpose for
which the right-of-way was granted.
vii. The right of the grantee to
assign the right-of-way, provided that such an assignment shall not become
effective until approved in writing by the Commissioner as being in the best
interests of the state and until a copy thereof is filed with the
Department.
viii. The right of termination of
the right-of-way by the grantee at any time during its term by giving the
Commissioner 30 days notice of termination in writing, provided that the
grantee is not delinquent in any payments and has complied with all conditions
on the date of termination.
5. Assignment of right-of-way;
sublease prohibited
a. Grantee of each right-of-way
contract, if not in default of rental or other payments, and who has kept and
performed all the conditions of his lease, may, with written approval of the
Commissioner, assign the right-of-way.
i. Application for assignment, the
assignment and the assumption of the right-of-way will be on such forms as the
Commissioner may prescribe.
ii. An assignment shall not become
effective unless and until it is approved by the Commissioner.
iii. The assignee shall succeed to
all the rights and shall be subject to the obligations of the
assignor.
iv. A sub-grant of the
right-of-way contract is prohibited.
6. Right-of-way renewal. Upon
application to the Commissioner, not less than 30 days, nor more than 60 days
prior to the expiration of the right-of-way contract, the grantee of a
right-of-way contract, if he is not delinquent in the payment of rental or of
monies due the State Land Department on the date of expiration of the contract,
shall have a preferred right to renew the right-of-way contract bearing even
date with the expiration of the old contract.
7. Bonds
a. The Commissioner may require
the grantee to post a cash deposit or surety bond to guarantee the payment of
all monies due under the contract.
b. The Commissioner may require
the grantee to furnish bond, in a reasonable amount, to be fixed by the
Commissioner, conditioned that the grantee will guarantee restoration of the
surface of the land described in the contract to a reasonable condition, upon
the termination of the right-of-way contract.
c. The Commissioner may require
the lessee to file with the Department a surety bond in the form, amount, and
with surety approved by the Commissioner, conditioned upon prompt payment to
the lessee of the surface, subsurface or otherwise of the state land covered by
the right-of-way, for any loss to such owner or lessee from damage or
destruction caused by the construction or use of the right-of-way, his or its
agents, or employees, to grasses, forage, crops and improvements upon such
land.
d. Assignment of any or all of the
right-of-way contract will not relieve the assignor of his obligation as
principal under the bond. Release of the assignor's obligation under bond may
be affected through the posting of a replacement bond by the assignee, but then
only after approval by the Commissioner and subsequent notification of the
release by the Commissioner in writing to the principal and
surety.
e. The Commissioner, in his
discretion, may reduce or increase the principal amount of the
bond.
f. Immediately after determination
by the Commissioner that full discharge of the conditions of the obligations
under any bond has been affected, he will, in writing, notify the principal and
surety held by the bond so that it may be formally terminated.
g. Surety on the bond shall have
the right to cancel the bond and be relieved of further liability after the
period of notice, by giving 30 days' notice to the Department of its desire to
so cancel.
i. Upon receipt of such
notification, the Department will immediately notify the grantee by certified
mail of the impending action by surety.
ii. Failure by the grantee to post
a replacement bond before the expiration of the 30 days mentioned next above,
shall constitute a default by the grantee and cause for cancellation of the
right-of-way.
8. Principal payments. Each
right-of-way granted to governmental agencies of the state or political
subdivisions and municipal corporations thereof for exclusive use or perpetual
use shall provide for payment of principal in the full amount of the appraised
value as provided by the Commissioner after appraisal.
E.
Reports
1. Report of
improvements
a. Applications for and reports of
improvements placed shall be presented to the Commissioner on forms provided by
the Department.
b. Grantee of every right-of-way
shall submit to the Department an application to place any improvement to be
placed on the right-of-way and shall secure written approval from the
Commissioner to place the improvement before any work is commenced toward the
improvement.
c. The grantee shall report any
completed improvements to the Commissioner and secure approval from the
Commissioner.
Notes
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