2011 Arizona Revised Statutes
Title 45 Waters
45-1946 Acquisition of property; limited eminent domain authority; survey and inspection rights

45-1946. Acquisition of property; limited eminent domain authority; survey and inspection rights

A. The legal title to all property and property rights acquired under this chapter vests in the authority and shall be held for the uses and purposes prescribed by this chapter.

B. The board may:

1. Acquire, hold, manage, occupy and possess property as provided by this chapter.

2. Take conveyances for all property acquired by the authority in the name of the authority.

3. Sell, lease, exchange or otherwise dispose of any property of the authority that is no longer necessary or suitable for the uses and purposes of the authority and execute, acknowledge and deliver all such conveyances, leases, contracts or other instruments as the board deems necessary.

4. Institute and maintain actions and proceedings necessary to enforce, maintain, protect or preserve all rights, privileges and immunities created or granted by this chapter relating to acquiring, owning and disposing of property.

C. The board, by unanimous resolution, may institute condemnation proceedings in the name of the authority, and all statutes of this state relating to the exercise of eminent domain apply to the proceedings, except that the board may not exercise the right of eminent domain:

1. Outside of the county in which the authority is established.

2. To condemn land or existing projects or facilities owned by any governmental entity or person for the purpose of condemning water rights or existing water production, delivery or storage systems.

3. To acquire electrical facilities, whether real or personal property.

4. Within the service area, as defined in section 45-402, of any city or irrigation district without the consent of that city's or irrigation district's governing body.

D. Agents, employees and representatives of the board or an operating unit may enter any land on reasonable notice to the owner or occupant to survey or locate necessary works, rights-of-way or structures for the purposes of the authority or to obtain factual data or access to records required to be kept by virtue of contracts or agreements that the authority or the operating units may have in effect with the United States secretary of the interior.