Ariz. Rev. Stat. » Title 9
Arizona Revised Statutes

Ariz. Rev. Stat. § 9-402 (2026)

Sale and disposition of property; advertising for bids; publication; donation; easements

✓ current as of May 2026
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A. A city or town may sell and convey all or any part of its real or personal property, whether or not the property is devoted exclusively to public use.

B. The sale shall not be made until an invitation for bids for the purchase of the property has been published as provided by section 39-204 and notice has been posted in three or more public places within the city or town.

C. If no newspaper is published within the city or town, then the invitation for bids shall be published as provided by section 39-204, and by posting notices for bidders in three or more public places within the city or town.

D. A city or town may donate lost and found or unclaimed personal property in its custody for at least ninety days to nonprofit charitable organizations.

E. Notwithstanding subsections A and B of this section, a city or town may convey to the appropriate property owner without receiving payment an easement that the city or town no longer needs.

Notes of Decisions
Cited in 8 cases, 1965–2014 · leading case: City of Phoenix v. Long, 761 P.2d 133 (Ariz. Ct. App. 1988).
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City of Phoenix v. Long, 761 P.2d 133 (Ariz. Ct. App. 1988). · cites it 9× “The Longs filed a counterclaim asserting that the EOA was void because (1) it extended beyond the terms of the city councils which entered into the agreement; (2) it constituted an unauthorized option of municipal property; (3) in entering into the EOA the cities failed to…”
Wollenberg v. Phoenix Leasing Inc., 893 P.2d 4 (Ariz. Ct. App. 1994). · cites it 8× “§ 9-402. Wollenberg’s financing statement complied with all of these requirements.”
John Deere Co. v. First Interstate Bank of Arizona, N.A., 709 P.2d 890 (Ariz. Ct. App. 1985). · cites it 2× “This provision is derived from § 9-402 of the Uniform Commercial Code (UCC) and adopts “notice filing.”
Sulphur Springs Valley Elec. Coop., Inc. v. City of Tombstone, 401 P.2d 753 (Ariz. Ct. App. 1965). · cites it 2× “It also shows that the city attorney advised that A.R.S. § 9-402 must be followed, requiring publication and posting of the invitation for bids for the purchase of a property.”
Elf Atochem North Am., Inc. v. Celco, Inc., 927 P.2d 355 (Ariz. Ct. App. 1996). · cites it 2× “Ruling that a financing statement describing collateral as “[a]ll assets as contained in the security agreement (installment note) executed even date herewith” was insufficient under the Pennsylvania version of UCC section 9-402, the Third Circuit announced: Indication by…”
Sulphur Springs Valley Elec. Coop., Inc. v. City of Tombstone, 407 P.2d 76 (Ariz. 1965). · cites it 2× “The City invited bids for the purchase of the property as provided by A.R.S. §§ 9-402 and 39-204, posting and publishing the invitations for bids, offering to sell both the gas and electric systems together as one unit.”
Heiner v. City of Mesa, 515 P.2d 355 (Ariz. Ct. App. 1973). “Real property of the corporation shall be sold as provided by § 9-402.” “§ 9^-02. Sale and disposition of property; advertising for bids; publication A.”
U-Haul v. Tempe (Ariz. Ct. App. 2014). · cites it 12× “, the El Fenix entities’ predecessor developer, and that such benefits constituted illegal subsidies under the Gift Clause of the Arizona Constitution; that by allowing the Sliver Parcel to be incorporated into the project, the City had transferred the Sliver Parcel without…”
— Ariz. Rev. Stat. § 9-402(1) — 2 cases
Wollenberg v. Phoenix Leasing Inc., 893 P.2d 4 (Ariz. Ct. App. 1994). “§ 9-402. Wollenberg’s financing statement complied with all of these requirements.”
Elf Atochem North Am., Inc. v. Celco, Inc., 927 P.2d 355 (Ariz. Ct. App. 1996). “Ruling that a financing statement describing collateral as “[a]ll assets as contained in the security agreement (installment note) executed even date herewith” was insufficient under the Pennsylvania version of UCC section 9-402, the Third Circuit announced: Indication by…”
— Ariz. Rev. Stat. § 9-402(7) — 1 case
Wollenberg v. Phoenix Leasing Inc., 893 P.2d 4 (Ariz. Ct. App. 1994). “§ 9-402. Wollenberg’s financing statement complied with all of these requirements.”
— Ariz. Rev. Stat. § 9-402(A) — 1 case
U-Haul v. Tempe (Ariz. Ct. App. 2014). “, the El Fenix entities’ predecessor developer, and that such benefits constituted illegal subsidies under the Gift Clause of the Arizona Constitution; that by allowing the Sliver Parcel to be incorporated into the project, the City had transferred the Sliver Parcel without…”
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