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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Cities and Towns
Chapter : TOWNSITES
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9-1101 Entry at federal land office of land for townsites
When the governing body of an incorporated city or town, or the judge of the
superior court of the county in which an unincorporated town is located, hereinafter
designated trustee, has entered at the proper land office the land or any part thereof,
settled and occupied as the site of the city or town, pursuant to the act of Congress,
the governing body or judge shall dispose of and convey the title to such lands, or
parcels thereof to the persons specified in this article. If three or more of the
inhabitants of the town make written request that the entry be made and furnish the money
necessary therefor, the entry shall be made.
9-1102 Trustee's bond; keeping of accounts and records
A. Before entering upon the discharge of his duties, the trustee shall execute a
bond to the state, with sureties in the sum of two thousand dollars, which shall be
approved by and filed with the board of supervisors of the county, conditioned to account
for all money that may come into his hands and to discharge the duties of his trust
according to the best of his ability. Action may be brought on the bond by any party
aggrieved by the action of the trustee.
B. He shall keep a strict account of all money received and disbursed by him and
shall file and keep all books and papers used by or before him, subject to inspection of
the inhabitants of the city or town.
9-1103 Survey and plat of townsite; approval; recording
Within three months after the entry, the trustee shall cause the land to be surveyed
and platted into blocks, lots, streets and alleys and a plat thereof made, conforming as
near as possible to existing rights and claims of occupants. The plat shall be submitted
to and approved by the board of supervisors of the county in which the townsite is
located, and recorded in the office of the county recorder. Thereafter the streets and
alleys designated in the plat shall remain permanently dedicated to the public use.
9-1104 Notice of entry of land as townsite; statement and filing of claims to land
A. The trustee shall then cause a notice to be published in all the newspapers
published in the city or town, or if no newspaper is published therein, then by posting
the notice in five public places in the city or town for sixty days successively, giving
notice of the entry of the land and requiring every claimant of a lot to file a statement
of his claim in the office of the trustee on or before ninety days from the first
publication. The statement shall be in writing, signed and sworn to by the claimant, or
if absent from the county, by his agent, and shall be recorded in a book to be kept for
that purpose by the trustee. It shall specify the grounds of the claim, particularly
describe the lots claimed, the date and name, as near as possible, of the first actual
occupant, what improvements have been made thereon, and that at the time of making the
statement the lots are actually possessed and occupied by the claimant, or that the right
to possession and occupation is in him, if then occupied by another.
B. The statement to the trustee shall be accompanied by a fee of twenty cents a
folio for filing and recording. The claimant shall within sixty days after expiration of
the time for filing claims, make proof of the facts alleged in his statement before the
trustee. No proof can be made after that time, unless the claimant has appeared within
that time and obtained and had entered in the records an order of continuance by the
trustee.
9-1105 Financial statement of trustee; disposition of funds
A. Within sixty days from the first publication provided for by this article, the
trustee shall make a full and true statement in writing of all monies expended by him,
and his reasonable charges for time and services in the administration of the trust to
that time which shall be and remain a first charge upon the lands in favor of the
trustee.
B. The money collected shall be applied first to reimburse the parties who advanced
the money to enter the townsite with interest at ten per cent per annum, and then to the
discharge of other outstanding claims incurred in entering the townsite or executing the
trust. Any surplus shall be paid to the governing body of the city or town, if
incorporated, for making public improvements, or, if unincorporated, for making such
public improvements as may be directed by a meeting of the citizens of the town to be
held after thirty days notice by the trustee.
9-1106 Index of claimants and property
The trustee shall keep an index of the name of every person filing a claim or
contest in which the name shall be entered at the time of filing the statement or
contest. When the statement is recorded, the trustee shall add to the index the number
of the page of the record. The trustee shall keep a like index with a description of all
property disposed of by him.
9-1107 Limitations on claims of land
A. The number of lots which one claimant may enter shall not exceed in the
aggregate fourteen thousand square feet, and such additional lots not exceeding seven
thousand square feet to the lot, upon which the claimant shall have substantial
improvements of a value of not less than one hundred dollars.
B. When a claimant makes application to enter more than four lots, he shall
specially designate the lots in the statement, particularly describe the nature and value
of the improvements on each of the additional lots, and shall at the time of making the
proof prove to the satisfaction of the trustee, by one or more reliable witnesses, the
facts entitling him to enter the additional lots.
9-1108 Proof of nonconflicting claims; execution of deed
After the expiration of the period for filing statements, the trustees shall hear
the proofs on nonconflicting claims, as near as possible in the order in which filed, of
such claimants as appear and offer to make proof. If the proof complies with the legal
requirements, the trustee shall make and enter a decision to that effect, and execute a
good and sufficient deed to the lots to the claimant upon payment of a fee of five
dollars.
9-1109 Referral to court of conflicting claims; trial; appeal
A. When conflicting claims have been filed, the trustee shall transmit the
statement of the claimant and the adverse claim, and all papers pertaining thereto, to
the clerk of the superior court of the county in which the property is located, and give
notice thereof to the respective claimants. The papers shall be filed by the clerk and
docketed in the name of the claimant as plaintiff and the conflicting claimant as
defendant, and the court shall thereupon direct pleadings to be framed setting forth the
respective claims of the parties. The matter shall thereupon be tried before the court
without a jury and notice of the judgment shall be given to each of the parties.
B. An appeal may be taken within twenty days after notice of the judgment. If an
appeal is not taken the trustee shall execute a deed in accordance with the judgment.
9-1110 Payment of purchase price by claimants
Each claimant or contestant shall, with his statement or contest, pay the trustee
the sum of ten dollars for each lot claimed, not exceeding seven thousand square feet per
lot, as the purchase price therefor. Such money shall be refunded to the claimant by the
trustee if it is finally determined that the party is not entitled to a deed, after first
deducting costs or fees that may be due from such party.
9-1111 Trustee as claimant
If the trustee is possessed or entitled to any part of the lands in his individual
right, he shall make a verified statement of his claim and record it, and if no adverse
claim thereto is filed within the time allowed, he shall be deemed to be possessed and
seized of the title thereto in fee simple, but subject to all assessments and taxes
thereafter to be levied. If his claim is in conflict, the conflicting claims shall be
transferred to the court and determined as other conflicting claims.
9-1112 Selection and conveyance of sites for public purposes
A. After the plat of the townsite has been recorded and upon petition of at least
ten resident house-holders of the city or town, the trustee, by and with the advice of
the board of school trustees of the district, shall set apart a site for a district
school house, and the trustee shall deed the lots embraced in the site to the board. If
the city or town is a county seat, the trustee, upon a like petition and by and with the
consent and advice of the board of supervisors, may set apart and deed to the county a
site for a courthouse and other county buildings. Upon petition signed by a majority of
the property holders of the city or town designating the site, the trustee may set apart
a public square or park.
B. Such locations shall not include any lot held by a bona fide claimant nor
interfere with vested rights.
9-1113 Execution of deed to cemetery association
The trustee may deed to a cemetery association, organized as provided by law for the
incorporation of nonprofit corporations, an amount of land, not exceeding two blocks, as
may be necessary for the purposes of the association. The deed shall be executed upon
petition of the officers of the cemetery association. The petition shall describe the
land, and be accompanied by proof satisfactory to the trustee that it has been and is
being used for cemetery purposes, that no discrimination is practiced in granting permits
for burial therein and that there is no conflicting claim to the land.
9-1114 Rights of lienholders
No lien against the interests of a claimant shall be affected by the deed of the
trustee to the claimant. The holder of a lien or certificate of sale, upon proof by
affidavit of such fact, may file a statement in behalf of the claimant or contest claims
in conflict with the rights of the claimant, or may intervene and support the rights of
the party against whom he holds the liens, the same as such party might do himself. The
money thus necessarily expended shall become a part of his claim against his debtor and a
part of his lien.
9-1115 Claims against trustee or municipality
Within the time provided for filing statements of claims, every person having a
claim against the trustee or the city or town for money advanced or services rendered in
obtaining a patent, or the execution of the trust thereunder, shall file an itemized
statement thereof with the trustee, verified by affidavit, that the claim is correct,
that no payments have been made thereon which are not credited and that there are no
setoffs thereto. Claims not filed within the time shall be disallowed, and right of
action thereon barred.
9-1116 Obtaining funds to pay expenses
A. If the money paid to the trustee for the purchase of lots is insufficient to pay
expenses, he shall sell at public auction so many of the remaining lots, the title to
which remains in the trustee and against which no claim or contest is pending, as is
necessary to raise the amount required. The trustee shall first give such notice of the
sale as the sheriff gives upon the sale of real property on execution. The lots shall be
sold separately, no lot shall be sold for less than ten dollars, and the lots shall not
exceed seven thousand square feet.
B. If sufficient money is not raised, the trustee shall make an assessment and levy
a tax upon all the lots the title to which does not remain in the trustee, according to
the value of the lots and the improvements thereon, and the assessment and tax shall be a
lien upon the lots so assessed until paid, and may be recovered by the trustee in a civil
action.
9-1117 Disposal of unclaimed lots
A. The grounds undisposed of within the townsite, the title of which remains in the
trustee, may be sold at public auction when he deems it advisable. He shall appoint
three persons to appraise the lots he desires to sell, and they shall take oath to
faithfully and impartially appraise the value of the lots, and shall each receive five
dollars per day for each day actually engaged.
B. Upon making the appraisement the trustee shall give notice of the sale by
publication. At the time and place specified in the notice the trustee shall offer the
lots for sale separately to the highest bidder, but for not less than the appraised value
thereof.
C. Any person who has actually settled and made improvements to the value of not
less than one hundred dollars on any lot, may make application to purchase the lot any
time before sale, and accompany his application with the amount of the appraised value
and five dollars for each lot as compensation for making the deed, which shall be
returned by the trustee, if it is finally determined that the party is not entitled to a
deed, after first deducting any costs or fees that may be due from the party.
D. The trustee shall hear proof as to the right of preference before executing his
deed. If the application is denied, the applicant may bring an action in the superior
court against the trustee and any adverse claimant to determine his right to a deed under
the application, and the lot shall not be sold until the action is determined.
E. The trustee shall execute a deed to the purchaser upon payment of the purchase
price, and five dollars for each lot sold, to be retained by the trustee as his
compensation. The fees for the trustee for applications for preferred right shall be
twenty cents per folio for filing and recording. Contests between applicants shall be
transferred to the superior court for determination.
F. The proceeds of the sales shall be applied to the payment of the costs and
expenses of sale and appraisal, and any surplus shall be paid as directed in this article
in the case of other surplus funds in the hands of the trustee.
9-1118 Accounting by trustee to successor
Upon termination of the trustee's term of office he shall deliver to his successor
in office all books and papers of his office, together with all money in his possession
as trustee, and shall accompany them with an itemized written statement of all money
received and paid out by him under his trust. Thereafter the trust shall be discharged
by his successor in office.
9-1131 Disposal of unclaimed lots acquired prior to statehood
A. Every trustee of lands acquired prior to February 14, 1912, under the act of
Congress entitled "an act for the relief of inhabitants of cities and towns upon the
public lands," approved March 2, 1867, or his successor in office, may sell at public
auction to the highest bidder for cash, any parcel of such lands undisposed of within the
townsite, the title to which remains in the trustee or his successor in office, when he
deems it advisable to sell. He shall appoint three disinterested persons to appraise the
parcels he desires to sell, and they shall faithfully and impartially appraise the value
of the parcels and shall certify their appraisal under oath to the trustee. Each of the
appraisers shall receive five dollars per day for each day they are actually engaged in
making the appraisement.
B. Upon making the appraisement, the trustee shall give notice of the sale by
publication for not less than once each week for two successive weeks in a newspaper of
general circulation within the city or town, or if there is none, then in the newspaper
of general circulation published nearest the land to be sold. The notice shall describe
the parcels of land to be sold and the time, place and condition of sale. At the time
and place specified in the notice, the trustee shall offer the parcels of land for sale
separately to the highest bidder, but for not less than the appraised value thereof. The
trustee shall execute a deed to the highest bidder upon payment of the purchase price.
9-1132 Procedure to establish right of preference
A. Notwithstanding any other provision of law, a person who, together with his
predecessors in interest, has, for a period of five years immediately preceding the
application provided for in this article, been in actual or constructive possession of
and paid taxes on a parcel of land included within a townsite entered prior to February
14, 1912, may purchase the title or claim thereto which the trustee could, at the time of
the application assert or convey under any other provision of law by making an
application therefor to the trustee.
B. The application shall contain a detailed statement under oath as to possession
of the parcel and payment of taxes thereon and shall be accompanied by a filing fee of
one dollar for the application and an additional five dollars as the purchase price for
each parcel of land described by the application which shall be returned in event of
final determination that the applicant is not entitled to a deed. All contiguous lots or
portions of lots included in a single application shall be deemed to be one parcel of
land.
C. Upon filing the application, the trustee shall conduct a hearing thereon and
shall give notice thereof by publication in the same manner as provided in section
9-1131, and upon the hearing the trustee shall take evidence on the applicant's right of
preference. If the trustee finds the applicant and his predecessors in interest have
held possession of the land for five years immediately prior to filing the application
and have paid taxes thereon for a period of five years immediately prior to filing the
application, he shall execute and deliver his deed to the applicant, conveying the parcel
or parcels described in the application, upon the applicant paying to the trustee his
proportionate share of the cost of advertising as determined by the trustee.
D. If the application is denied or if conflicting applications are filed with the
trustee on or before the date of the hearing, the trustee shall proceed no further and
the applicant may, within ten days after denial or the date set for the hearing, bring an
action in the superior court against the trustee and any other applicant to determine his
right to a deed. No parcel of land embraced in such action shall be sold until the
action is determined.
9-1133 Disposition of proceeds from sale
The proceeds of sales made as provided in this article shall be applied first to the
payment of costs and expenses of sale. Any surplus shall be paid to the governing body
of the city or town, if incorporated, to be placed in the general fund, or, if
unincorporated, for making such public improvements as may be directed by a meeting of
the citizens of the town to be held after thirty days notice by the trustee.
9-1141 Procedure for subdivision of private lands into townsite
A. An owner of a tract of land desiring to plat or subdivide it into tracts of
twenty acres or less for the purpose of townsites, shall first have it surveyed and
platted, showing lots, blocks or subdivisions, size of each lot, name and width of each
street and width of alleys, and shall dedicate the streets, public grounds and alleys to
the public use, sign the dedication and acknowledge it as a conveyance of real property,
and file the plat in the office of the county recorder for record.
B. No property shall be described in a conveyance or other instrument by reference
to any plat of a townsite, addition or subdivision, or any lot, block or parcel contained
therein, unless the plat has been executed, acknowledged and recorded, as provided in
this article.
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