In this article, unless the context otherwise requires:
1. "Commercial historic property" means real property that:
(a) Meets the criteria for classification as class one, paragraph 12 pursuant to section 42-12001 or class four pursuant to section 42-12004, subsection A, paragraphs 2 through 9.
(b) Is listed in the national register of historic places established and maintained under the national historic preservation act (P.L. 89-665; 80 Stat. 915; 16 United States Code section 470 et seq.), as amended.
(c) Meets the minimum standards of maintenance established by rule by the Arizona state parks board.
2. "Noncommercial historic property" means real property:
(a) That is listed in the national register of historic places established and maintained under the national historic preservation act (P.L. 89-665; 80 Stat. 915; 16 United States Code section 470 et seq.), as amended.
(b) That meets the minimum standards of maintenance established by rule by the Arizona state parks board.
(c) On which no business or enterprise is conducted with the intent of earning a profit.
Notes of Decisions
Cited in
3
cases (
2 in the last 5 years), 2010–2022 · leading case:
Hormel v. Maricopa Cnty., 232 P.3d 768 (Ariz. Ct. App. 2010).
Hormel v. Maricopa Cnty., 232 P.3d 768 (Ariz. Ct. App. 2010).
“In effect, the County contends that § 42-16254 is merely a "procedural” statute, and therefore is "trumped” by the "substantive” provisions of § 42-12102, which provides the requirements for an application for classification as historic property, as well as § 42-12101 (2006),…”
Flanigan v. Arizona registrar/r&c (Ariz. Ct. App. 2022).
· cites it 3× “Before the 2019 amendment, access to the Recovery Fund was limited to “[p]ersons injured,” defined by statute as: [A]ny owner of residential real property that is either noncommercial historic property as defined in section 42-12101 or classified as class three property under…”
Qasimyar v. Maricopa (Ariz. Ct. App. 2021).
“For example, for a home to qualify as “[n]oncommercial historic property” under class six, § 42-12006(1), the homeowner must apply to the Assessor, § 42-12102(A)(1), and the property must be listed in the national register of historic places, § 42-12101(2)(a). Therefore, it is…”
— Ariz. Rev. Stat. § 42-12101(2) — 1 case
Flanigan v. Arizona registrar/r&c (Ariz. Ct. App. 2022).
“Before the 2019 amendment, access to the Recovery Fund was limited to “[p]ersons injured,” defined by statute as: [A]ny owner of residential real property that is either noncommercial historic property as defined in section 42-12101 or classified as class three property under…”
— Ariz. Rev. Stat. § 42-12101(2)(a) — 1 case
Qasimyar v. Maricopa (Ariz. Ct. App. 2021).
“For example, for a home to qualify as “[n]oncommercial historic property” under class six, § 42-12006(1), the homeowner must apply to the Assessor, § 42-12102(A)(1), and the property must be listed in the national register of historic places, § 42-12101(2)(a). Therefore, it is…”
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