Ariz. Rev. Stat. » Title 37
Arizona Revised Statutes

Ariz. Rev. Stat. § 37-442 (2026)

Application by department or institution to take over state lands; approval by governor; compensation of lessee for improvements and damages resulting from termination

✓ current as of May 2026
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A. The governing board or officer of a state department or institution desiring to avail itself of the provisions of this article shall make application to the governor for taking the lands over, and, if the application is approved by the governor, it shall be transmitted to the state land department which shall appraise the improvements on the lands.

B. The existence of a permit or lease for the land desired shall not bar the state from taking the land, but the permittee or lessee shall be entitled, in addition to the appraised value of the improvements on the lands, to reasonable compensation for damages he may sustain by reason of the cancellation of the permit or lease prior to its termination. Such damages shall be determined as a part of the appraisal.

C. Upon surrender of the lands to the state, the owner of the improvements shall be paid in the manner provided by law the appraised value thereof and the amount of the damages. The owner of the improvements shall prior to payment file his claim, and certify that the possession of the lands and improvements has been surrendered to the state by all persons having lawful claims thereon.

Notes of Decisions
Cited in 4 cases, 1966–1990 · leading case: Havasu Heights Ranch & Dev. Corp. v. Desert Valley Wood Prods., Inc., 807 P.2d 1119 (Ariz. Ct. App. 1990).
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Havasu Heights Ranch & Dev. Corp. v. Desert Valley Wood Prods., Inc., 807 P.2d 1119 (Ariz. Ct. App. 1990). · cites it 8× “” A.R.S. § 37-442 does not apply here, however.”
Cracchiolo v. State, 706 P.2d 1219 (Ariz. Ct. App. 1985). · cites it 8× “” The procedures then next required by A.R.S. § 37-442 were followed for this taking, except as hereafter discussed.”
State Land Dep't v. Painted Desert Park, Inc., 428 P.2d 424 (Ariz. 1967). · cites it 2× “A.R.S. § 37-442 provides that if an application for a taking by the state is approved by the governor the same be transmitted to the land department which shall appraise the improvements on the lands.”
State Land Dep't v. Painted Desert Park, Inc., 416 P.2d 989 (Ariz. Ct. App. 1966). · cites it 5× “A.R.S. § 37-442, subsec. A provides that the gov.”
Ariz. Rev. Stat. § 37-442(A): 1 case
Havasu Heights Ranch & Dev. Corp. v. Desert Valley Wood Prods., Inc., 807 P.2d 1119 (Ariz. Ct. App. 1990). “” A.R.S. § 37-442 does not apply here, however.”
Ariz. Rev. Stat. § 37-442(B): 1 case
Cracchiolo v. State, 706 P.2d 1219 (Ariz. Ct. App. 1985). “” The procedures then next required by A.R.S. § 37-442 were followed for this taking, except as hereafter discussed.”
Ariz. Rev. Stat. § 37-442(C): 1 case
Havasu Heights Ranch & Dev. Corp. v. Desert Valley Wood Prods., Inc., 807 P.2d 1119 (Ariz. Ct. App. 1990). “” A.R.S. § 37-442 does not apply here, however.”
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