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Arizona State Trust Lands Question, Proposition 110 (2010), Constitutional text changes

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Back to Arizona State Trust Lands Question, Proposition 110 (2010)
Arizona Constitution
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The Arizona Constitution would be amended by changing Article X, Section 3 and adding a new Section 12 to that same article if the measure is enacted by voters. Those amendments would read as follows:

Article X, Section 3

Text of Section 3:

Mortgage or Other Encumbrance; Sale or Lease at Public Auction

Section 3. A. No mortgage or other encumbrance of the said lands, or any part thereof, shall be valid in favor of any person or for any purpose or under any circumstances whatsoever.

B. Except as provided in subsection D, said lands shall not be sold or leased, in whole or in part, except to the highest and best bidder at a public auction to be held at the county seat of the county wherein the lands to be affected, or the major portion thereof, shall lie, notice of which public auction shall first have been duly given by advertisement, which shall set forth the nature, time and place of the transaction to be had, with a full description of the lands to be offered, and 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 that newspaper of like circulation which shall then be regularly published nearest to the location of the lands so offered.

C. No sale or contract for the sale of any timber or other natural product of such lands shall be made, save at the place, in the manner, and after the notice by publication provided for sales and leases of the lands themselves.

D. Nothing in this section, or elsewhere in this article, shall prevent:

1. The leasing of any of the lands referred to in this article in such manner as the legislature may prescribe, for grazing, agricultural, commercial and homesite purposes, for a term of ten years or less, without advertisement.

2. The leasing of any of said lands, in such manner as the legislature may prescribe, whether or not also leased for grazing and agricultural purposes, for mineral purposes, other than for the exploration, development, and production of oil, gas and other hydrocarbon substances, for a term of twenty years or less, without advertisement.

3. The leasing of any of said lands, whether or not also leased for other purposes, for the exploration, development, and production of oil, gas and other hydrocarbon substances on, in or under said lands for an initial term of twenty years or less and as long thereafter as oil, gas or other hydrocarbon substance may be procured therefrom in paying quantities, the leases to be made in any manner, with or without advertisement, bidding, or appraisement, and under such terms and provisions, as the legislature may prescribe, the terms and provisions to include a reservation of a royalty to the state of not less than twelve and one-half per cent of production.

4. The disposition of lands or interests in lands, or the restriction of interests or rights in lands, held in trust under this article, without advertisement or auction, in order to:

(a) Avoid incompatible uses of the lands that would cause encroachment on:

(i) Military installations and ancillary military facilities, military ranges and military airspace.

(ii) Military operations, training operations and systems or electronic testing operations.

(b) Enable military combat readiness and allow full spectrum test and training operations.

The current text of the section reads as follows:

Text of Section 3:

Mortgage or Other Encumbrance; Sale or Lease at Public Auction

No mortgage or other encumbrance of the said lands, or any part thereof, shall be valid in favor of any person or for any purpose or under any circumstances whatsoever. Said lands shall not be sold or leased, in whole or in part, except to the highest and best bidder at a public auction to be held at the county seat of the county wherein the lands to be affected, or the major portion thereof, shall lie, notice of which public auction shall first have been duly given by advertisement, which shall set forth the nature, time and place of the transaction to be had, with a full description of the lands to be offered, and 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 that newspaper of like circulation which shall then be regularly published nearest to the location of the lands so offered; nor shall any sale or contract for the sale of any timber or other natural product of such lands be made, save at the place, in the manner, and after the notice by publication provided for sales and leases of the lands themselves. Nothing herein, or elsewhere in article X contained, shall prevent:

1. The leasing of any of the lands referred to in this article in such manner as the legislature may prescribe, for grazing, agricultural, commercial and homesite purposes, for a term of ten years or less, without advertisement;

2. The leasing of any of said lands, in such manner as the legislature may prescribe, whether or not also leased for grazing and agricultural purposes, for mineral purposes, other than for the exploration, development, and production of oil, gas and other hydrocarbon substances, for a term of twenty years or less, without advertisement, or,

3. The leasing of any of said lands, whether or not also leased for other purposes, for the exploration, development, and production of oil, gas and other hydrocarbon substances on, in or under said lands for an initial term of twenty (20) years or less and as long thereafter as oil, gas or other hydrocarbon substance may be procured therefrom in paying quantities, the leases to be made in any manner, with or without advertisement, bidding, or appraisement, and under such terms and provisions, as the legislature may prescribe, the terms and provisions to include a reservation of a royalty to the state of not less than twelve and one-half per cent of production.

Article X, Section 12

Text of Section 12:

Section 12. A. The legislature shall provide a process by law for exchanging lands granted or confirmed by the enabling act for public lands under the terms and conditions prescribed by this section.

B. The purpose of the exchange must be either:

1. To assist in preserving and protecting military facilities in this state from encroaching development.

2. For proper management, protection or conversion to public use of state lands.

C. Before the public hearings are held pursuant to subsection D, paragraph 3 of this section:

1. At least two independent appraisals must be made available to the public showing that the true value of any lands the state receives in the exchange equals or exceeds the true value of the lands the state conveys.

2. At least two independent analyses of the proposed exchange must be made available to the public showing:

(a) The income to the trust before the exchange from all lands the state conveys and the projected income to the trust after the exchange from all lands the state receives.

(b) The fiscal impact of the exchange on each county, city, town and school district in which all the lands involved in the exchange are located.

(c) The physical, economic and natural resource impacts of the proposed exchange on the surrounding or directly adjacent local community and the impacts on local land uses and land use plans.

D. Land may not be exchanged unless:

1. The exchange is in the best interest of the state land trust.

2. Public notice of the proposed exchange includes full disclosure of all details of the transaction, the ownership of all parcels of the lands involved in the exchange, including independent and ancillary parties, a legal and general description of the location of all parcels of the lands and the appraised value of all parcels of the lands.

3. Public hearings are held at the state capital and in a location of general accessibility in the vicinity of the state lands being exchanged. Notice of the time and place of the hearings must be given beginning at least six weeks before each hearing in a manner prescribed by law. During this period, a process shall be provided for public comment on the proposed exchange.

4. The exchange is approved by the qualified electors of this state in the manner of a referendum pursuant to article IV, part 1, section 1 at the next regular general election. To be approved, the proposition must receive an affirmative vote of a majority of the qualified electors voting on the measure.

E. Land exchanges are not considered to be sales for the purposes of this article.

See also