Agenda

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ARF- 3127

2. B.

Work Session

Meeting Date:	04/28/2015
Submitted For:	Don McDaniel Jr.
Submitted By:	Marian Sheppard, Clerk of the Board, Clerk of the Board of Supervisors
Department:	County Manager

Information

Request/Subject

Resolution establishing revised guidelines for the sale of State-owned land.

Background Information

On July 8, 2003, the Board of Supervisors adopted Resolution No. 03-06-07, which established guidelines for the sale of State-owned land that is situated in Gila County and is sold by the Board of Supervisors. These guidelines were adopted in accordance with Arizona Revised Statutes (A.R.S.) Sections 42-18301 through 42-18304.

Evaluation

Since the time Resolution No. 03-06-07 was adopted by the Board of Supervisors, the A.R.S. has changed with regard to the sale of State-owned tax deeded land. Changes are as follows: 1) The publishing requirements have changed and it is no longer necessary to publish the notice and list of available properties in two public places in each election precinct, and the length of time required to publish the notice and list in the newspaper has been reduced from four consecutive weeks to "at least once a week for at least two weeks, but not more than three weeks, before the stated date of the sale." 2) Per A.R.S. § 42-18303(E), language was added to allow the County to sell State-owned land to a county, city, town or special taxing district for a public purpose related to transportation or flood control; and per A.R.S. § 42-18303(F), language was added in the statutes to sell land to the owner of contiguous real property that is used for residential purposes. If an offer under subsection E or F of A.R.S. § 42-18303 is pending at the time of the Board of Supervisors' annual property tax sale/auction, the Board of Supervisors shall remove the property from the auction.

Research was conducted regarding the processes that are used by other Arizona counties for the sale of State-owned land. Although each county's process varies, Cochise, Greenlee, Maricopa, Yuma, and Navajo counties' Clerks of the Board of Supervisors are authorized to sell any properties that were not sold at the property tax sale/auction over the counter.

Conclusion

Gila County's Resolution No. 03-06-07 does not take advantage of the recent changes to the A.R.S.; therefore, it would be advantageous for the Board of Supervisors to repeal that resolution and to adopt a new resolution that is more general in nature, and one that refers to Gila County's process for selling State-owned land, so if there are other changes to the A.R.S. in the future or the Board's process, it would not affect the adopted resolution.

It would save time and money if the Clerk of the Board was authorized to sell, over the counter, any remaining State-owned land that did not sell at previous Board of Supervisors' annual property tax sales/auctions for the total lien amount. In order to have an historical record of any sales, an item would be placed on a future Board meeting agenda to authorize the Chairman's signature on the quit claim deed for said sale.

Lastly, the resolution would continue to include language whereby the Board of Supervisors may waive any requirement to sell property for no less than the lien amount if a condition warrants selling a parcel at a lesser price. The process would still allow an adjoining land owner, who submits proof of said adjoining land ownership, to submit a sealed bid to the Board of Supervisors for the Board's consideration to sell a parcel of State-owned land for less than the lien amount. This process is a "win-win" situation for both the property owner and Gila County. The property owner would be able to acquire more land and would combine two tax parcels into one; and the County would benefit because the number of notices related to property taxes and assessed valuations issued by the Treasurer and Assessor would be reduced, the property would go back on the County's tax rolls, and the Clerk would no longer have the administrative oversight for that parcel of land.

Recommendation

It is recommended that the Board of Supervisors consider repealing Resolution No. 03-06-07 regarding the sale of State-owned land, and adopting a new resolution regarding the sale of State-owned land at a future Board meeting.

Suggested Motion

Information/Discussion to consider revising the Board of Supervisors' process for the sale of land held by the State under tax deed.
(Don McDaniel)

Attachments
Draft Resolution for State Tax Deeded Land Sales
Draft Procedures for State Tax Deeded Land Sales
Form #1
Form #2
Form #3
Form #4
Resolution No. 03-06-07