Arizona Exchange of Trust Lands, Proposition 101 (2002)

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Proposition 101 was on the November 5, 2002 ballot in Arizona as a legislatively-referred state statute. It was defeated.[1]

The bill would have allowed the government to exchange state trust land for public land. Similar measures appeared on the ballot in 2004 and 2006. Both were defeated.

Election results

Exchange of Trust Lands
ResultVotesPercentage
Defeatedd No577,46250.8%
Yes 558,658 49.2%
Election results from Arizona Elections Department.

Text of measure

In 1910, the United States Congress passed the Arizona-New Mexico Enabling Act, allowing Arizona to become a state. The Enabling Act granted Arizona millions of acres of land, referred to as "state trust land." The state land trust is intended to produce revenue for various public institutions (schools, colleges, prisons, etc.). The state can lease or sell trust land, and the natural products (timber, minerals, etc.) of the land, only to the "highest and best bidder" at public auction.

In 1936, Congress amended the Enabling Act to give Arizona more flexibility in managing and disposing of trust land by allowing the state to exchange trust land for other public or private lands. The state never amended its Constitution to incorporate that authority for land exchanges, but the state did enact statutes to provide for these exchanges of land. Acting under its statutory authority, the State Land Department has periodically exchanged state trust land with the federal government and with private landowners. In 1990, the State Supreme Court determined that without amending the Arizona Constitution the state cannot conduct land exchanges. Subsequently, the State Land Department ceased the land exchange program.

Proposition 101 would amend the Arizona Constitution to allow the state to exchange state trust land only for other public land and only if the exchange is in the best interest of the state land trust and the exchange conserves open space on the trust land offered by the state. In order to permit the exchange, there must be public hearings to provide for public comment on the proposed exchange, the appraised value of the land the state receives in the exchange must at least equal the appraised value of the trust land the state exchanges, the state trust income must not be reduced, the financial impact of the exchange on each county, city or town and school district in which the lands are located must be analyzed and the physical, economic and natural resource impacts of the exchange on the surrounding community and local land uses and land use plans must be analyzed. (1157)[2] [3]

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References

  1. Arizona 2002 election results
  2. NCSL ballot measure database
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.