House Engrossed

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

First Regular Session

2017

 

 

HOUSE BILL 2398

 

 

 

AN ACT

 

amending title 9, chapter 4, article 7, Arizona Revised Statutes, by adding section 9‑471.05; relating to annexation of territory.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 9, chapter 4, article 7, Arizona Revised Statutes, is amended by adding section 9-471.05, to read:

START_STATUTE9-471.05.  Invalid annexation; procedure to return property to the county

A.  Notwithstanding any other law, in a county with a population of more than two million persons, if the plan, policy or procedure approved by the governing body of the city or town pursuant to section 9‑471, subsection O to provide appropriate levels of infrastructure and services to the proposed annexed territory was not complied with and completed within ten years after the annexation date, a person that owns property within the annexed territory may file with the clerk of the board of supervisors of the county in which the land is located a legal description of the person's property and an affidavit to sever the property from the city or town and return the property to the county.  The property shall be severed from the city or town and returned to the county on the order of the board of supervisors pursuant to subsection B of this section.

B.  The board of supervisors shall:

1.  Hold a public hearing not less than thirty days and not more than sixty days after the filing of the documents described in subsection A of this section to review the documents described in subsection A of this section and any protests filed pursuant to paragraph 2 of this subsection.

2.  Notify the governing body of the city or town in which the property to be severed is located of the hearing at least thirty days before the hearing date. The notice shall specify that the property is to be severed from the city or town and returned to the county in which the property is located and that the city or town may protest the action by letter to the county board of supervisors before the hearing or in person at the hearing.

3.  Unless the board of supervisors determines that the protests filed pursuant to paragraph 2 of this subsection are sufficient to prevent the invalidation of the annexation, issue an order that the annexation of the property described in the submitted documents by the city or town is void and the property is severed from the city or town.

4.  Set forth by ordinance the legal description of the property that is provided to the clerk of the board pursuant to subsection A of this section and declare the return of the property to the county.

5.  Notify the governing body of the city or town in which the severed property is located and each owner of real property in the initially annexed territory in which the severed property is located that a property within the area has been severed from the city or town and returned to the county.

6.  Notify the state real estate department if property is severed from a city or town pursuant to this section.

C.  A copy of the order of the county board of supervisors ordering the property to be severed from the city or town and returned to the county, certified by the clerk of the board, shall be recorded in the recorder's office of the county in which the property is located.  The record, or a copy of the order, certified by the clerk of the board, is proof that the initial annexation of the property is void and the property was severed from the city or town and returned to the county in which the property is located. END_STATUTE