37-101. Definitions
In this title, unless the context otherwise requires:
1. "Agricultural lands" means lands which are used or can be used principally for:
(a) Raising crops, fruits, grains and similar farm products.
(b) Algaculture. For the purposes of this subdivision "algaculture" means the controlled propagation, growth and harvest of algae.
2. "Amortized value" means the value for improvements established pursuant to section 37-281.02, subsection G.
3. "Commercial lands" means lands which can be used principally for business, institutional, religious, charitable, governmental or recreational purposes, or any general purpose other than agricultural, grazing, mining, oil, homesite or rights-of-way.
4. "Commissioner" means the state land commissioner.
5. "Community identity package" means a design theme including such elements as architecture, landscape, lighting, street furniture, walls and signage.
6. "Department" means the state land department.
7. "Grazing lands" means lands which can be used only for the ranging of livestock.
8. "Holding lease" means a commercial lease issued solely to grant a limited use leasehold interest in state land in anticipation of future development.
9. "Homesite lands" means lands which are suitable for residential purposes.
10. "Improvements" means anything permanent in character which is the result of labor or capital expended by the lessee or his predecessors in interest on state land in its reclamation or development, and the appropriation of water thereon, and which has enhanced the value of the land.
11. "Infrastructure" means facilities or amenities, such as streets, utilities, landscaping and open space, which are constructed or located on state lands and which are intended to benefit more than the land on which they are immediately located by enhancing the development potential and value of the state lands impacted by the facility or amenities.
12. "Leapfrog development" means the development of lands in a manner requiring the extension of public facilities and services from their existing terminal point through intervening undeveloped areas that are scheduled for development at a later time, according to the plans of the local governing body having jurisdiction for the area and which is responsible for the provision of these facilities and services.
13. "Leased school or university land" means school or university land for which a lease has been issued by the state, or the territory of Arizona, under which the lessee retains rights.
14. "Master developer" means a person who assumes, as a condition of a land disposition, the responsibilities prescribed by the department for infrastructure or community identity package amenities, or both, or for implementing a development plan containing a master plan area.
15. "Participation contract" means a contract arising out of a sale together with other rights and obligations in trust lands whereby the department receives a share of the revenues generated by subsequent sales or leases.
16. "Section of land" means an area of land consisting of six hundred forty acres.
17. "State lands" means any land owned or held in trust, or otherwise, by the state, including leased school or university land.
18. "Sublease" means an agreement in which the lessee relinquishes control of the leased land to another party for the purposes authorized in the lease.
19. "Urban lands" means any state lands which are adjoining existing commercially or homesite developed lands and which are either:
(a) Within the corporate boundaries of a city or town.
(b) Adjacent to the corporate boundaries of a city or town.
(c) Lands for which the designation as urban lands is requested pursuant to section 37-331.01.
20. "Urban sprawl" means the development of lands in a manner requiring the extension of public facilities and services on the periphery of an existing urbanized area where such extension is not provided for in the existing plans of the local governing body having the responsibility for the provision of these facilities and services to the lands in question.
Notes of Decisions
Forest Guardians v. Wells, 4 P.3d 1054 (Ariz. Ct. App. 2000).
· cites it 24× “" A.R.S. § 37-101(3). ¶ 19 State lands are subject to lease for grazing purposes without public auction if the term is not more than ten years.”
Havasu Heights Ranch & Dev. Corp. v. State Land Dep't, 764 P.2d 37 (Ariz. Ct. App. 1988).
· cites it 17× “Since 1975 the lands have been designated as commercial lands under A.R.S. §§ 37-101(6) and 37-212(B)(4). In 1980, the United States Congress passed the Urban Lands Act, which was subsequently adopted by the Arizona legislature.”
Koepnick v. Arizona State Land Dep't, 212 P.3d 62 (Ariz. Ct. App. 2009).
· cites it 16× “” AR.S. § 37-101(3) (2003). “‘Home-site lands’ means lands which are suitable for residential purposes.”
Guardians v. Wells, 34 P.3d 364 (Ariz. 2001).
· cites it 6× “” A.R.S. § 37-101(7). Commercial land is land that “can be used principally for business, institutional, religious, charitable, governmental or recreational purposes, or any general purpose other than agricultural, grazing, mining, oil, homesite or rights-of-way.”
State v. Coerver, 412 P.2d 259 (Ariz. 1966).
· cites it 4× “The State cites A.R.S. § 37-101, subsec. 13 which declares that state lands "means any land owned or held in trust, or otherwise, by the state * * *.”
State v. Pelosi, 199 P.2d 125 (Ariz. 1948).
· cites it 3× “Prior to amendment, section 37-101 provided that grand juries, trial juries, and juries of inquest should be composed of men.”
Foster v. Anable, 19 P.3d 630 (Ariz. Ct. App. 2001).
· cites it 2× “” A.R.S. § 37-101(12) (Supp.2000). Petitioner points out that the Commissioner must “prevent any urban sprawl or leapfrog development on state lands,” and asserts that, because the nearest sewer facility is one half mile away, public services would have to be extended into the…”
Arizona State Land Dep't v. R. H. Fulton, Inc., 577 P.2d 255 (Ariz. Ct. App. 1978).
· cites it 2× “” A.R.S. § 37-101(3). Since there is no evidence that the reduction in carrying capacity of the lands bears any relation to the value of the materials removed, the limitation in subsection (C) on the damages recov *407 erable for trespass upon State lands fails to insure the…”
State Land Dep't v. Painted Desert Park, Inc., 428 P.2d 424 (Ariz. 1967).
· cites it 2× “Hence, approval was not required. The land department also contends the trial court erred in reversing thé finding that the improvements were of no value.”
Waddell v. Arizona State Land Dep't, 873 P.2d 646 (Ariz. Ct. App. 1993).
· cites it 2× “AR.S. § 37-101. Because the land was used as an active farm both before and after the auction sale, the land clearly was “susceptible of immediate use for agricultural purposes,” and therefore was agricultural rather than commercial land under the terms of AR.”
— Ariz. Rev. Stat. § 37-101(12) — 1 case
Foster v. Anable, 19 P.3d 630 (Ariz. Ct. App. 2001).
“” A.R.S. § 37-101(12) (Supp.2000). Petitioner points out that the Commissioner must “prevent any urban sprawl or leapfrog development on state lands,” and asserts that, because the nearest sewer facility is one half mile away, public services would have to be extended into the…”
— Ariz. Rev. Stat. § 37-101(16) — 1 case
— Ariz. Rev. Stat. § 37-101(23) — 1 case
— Ariz. Rev. Stat. § 37-101(3) — 3 cases
Forest Guardians v. Wells, 4 P.3d 1054 (Ariz. Ct. App. 2000).
“" A.R.S. § 37-101(3). ¶ 19 State lands are subject to lease for grazing purposes without public auction if the term is not more than ten years.”
Arizona State Land Dep't v. R. H. Fulton, Inc., 577 P.2d 255 (Ariz. Ct. App. 1978).
“” A.R.S. § 37-101(3). Since there is no evidence that the reduction in carrying capacity of the lands bears any relation to the value of the materials removed, the limitation in subsection (C) on the damages recov *407 erable for trespass upon State lands fails to insure the…”
— Ariz. Rev. Stat. § 37-101(6) — 2 cases
Havasu Heights Ranch & Dev. Corp. v. State Land Dep't, 764 P.2d 37 (Ariz. Ct. App. 1988).
“Since 1975 the lands have been designated as commercial lands under A.R.S. §§ 37-101(6) and 37-212(B)(4). In 1980, the United States Congress passed the Urban Lands Act, which was subsequently adopted by the Arizona legislature.”
— Ariz. Rev. Stat. § 37-101(7) — 2 cases
Guardians v. Wells, 34 P.3d 364 (Ariz. 2001).
“” A.R.S. § 37-101(7). Commercial land is land that “can be used principally for business, institutional, religious, charitable, governmental or recreational purposes, or any general purpose other than agricultural, grazing, mining, oil, homesite or rights-of-way.”
Forest Guardians v. Wells, 4 P.3d 1054 (Ariz. Ct. App. 2000).
“" A.R.S. § 37-101(3). ¶ 19 State lands are subject to lease for grazing purposes without public auction if the term is not more than ten years.”
— Ariz. Rev. Stat. § 37-101(9) — 2 cases
Havasu Heights Ranch & Dev. Corp. v. State Land Dep't, 764 P.2d 37 (Ariz. Ct. App. 1988).
“Since 1975 the lands have been designated as commercial lands under A.R.S. §§ 37-101(6) and 37-212(B)(4). In 1980, the United States Congress passed the Urban Lands Act, which was subsequently adopted by the Arizona legislature.”
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