Sec 37-257. Application for sale  


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  • A. Any person who shall satisfy the state land commissioner that the person, with predecessors in interest, has held title to a tract of land, which is subject to sections 37-256 through 37-259, under claim or color of title for more than ten years and for such ten-year period have paid all real property taxes levied on the land, may file an application with the state land commissioner requesting the commissioner to offer for sale the state's interest, if any it has, to the rights the state of Arizona may own to any dry riverbed on any part of the land described in the application.

    B. Upon receipt of the application, if the state land commissioner determines that the interests of the state will not be prejudiced by the sale of the land, the commissioner shall:

    1. Determine the amount of state land which may be contained in any dry riverbed on the tract of land described in the application.

    2. Cause an appraisal to be made based upon the amount of acreage so determined to be possible state land. The appraisal shall specify the value of the state's interest in the land at the date of appraisal exclusive of any increased value resulting from the development of or improvement of or on the land made by the applicant or the applicant's predecessors in interest and the appraisal shall specify the amount of increased value of the land resulting from such development or improvement. In determining the value of the state's interest in the land, the appraiser shall consider the likelihood of and costs to the state of the state's establishing title to the land.