ARIZONA CONSTITUTION
ARTICLE X
STATE AND SCHOOL LANDS
Art. X §1 | ACCEPTANCE AND HOLDING OF LANDS BY STATE IN TRUST
Art. X §2 | UNAUTHORIZED DISPOSITION OF LAND OR PROCEEDS AS BREACH OF TRUST
Art. X §3 | MORTGAGE OR OTHER ENCUMBRANCE; SALE OR LEASE AT PUBLIC AUCTION
2. The leasing of any of said lands, in such manner as the legislature may prescribe, whether or not also leased for grazing and agricultural purposes, for mineral purposes, other than for the exploration, development, and production of oil, gas and other hydrocarbon substances, for a term of twenty years or less, without advertisement, or,
3. The leasing of any of said lands, whether or not also leased for other purposes, for the exploration, development, and production of oil, gas and other hydrocarbon substances on, in or under said lands for an initial term of twenty (20) years or less and as long thereafter as oil, gas or other hydrocarbon substance may be procured therefrom in paying quantities, the leases to be made in any manner, with or without advertisement, bidding, or appraisement, and under such terms and provisions, as the legislature may prescribe, the terms and provisions to include a reservation of a royalty to the state of not less than twelve and one-half per cent of production.
Art. X §4 | SALE OR OTHER DISPOSAL; APPRAISAL; MINIMUM PRICE; CREDIT; PASSING OF TITLE
Art. X §5 | MINIMUM PRICE; RELINQUISHMENT OF LANDS TO UNITED STATES
Art. X §6 | LANDS RESERVED BY UNITED STATES FOR DEVELOPMENT OF WATER POWER
Art. X §7 | ESTABLISHMENT OF PERMANENT FUNDS; SEGREGATION, INVESTMENT AND DISTRIBUTION OF MONIES; EXCEPTION; RESOLUTION OF LITIGATION
B. No monies shall ever be taken from one permanent fund for deposit in any other, or for any object other than that for which the land producing the same was granted or confirmed.
C. All such monies shall be invested in safe interest-bearing securities and prudent equity securities consistent with the requirements of this section.
D. The legislature shall establish a board of investment to serve as trustees of the permanent funds. The board shall provide for the management of the assets of the funds consistent with the following conditions:
2. Equities that are eligible for purchase are restricted to stocks listed on any national stock exchange or eligible for trading through the United States national association of securities dealers automated quotation system, or successor institutions, except as may be prohibited by general criteria or by a restriction on investment in a specific security adopted pursuant to this subsection.
3. Not more than five percent of all of the funds combined at cost may be invested in equity securities issued by the same institution, agency or corporation, other than securities issued as direct obligations of and fully guaranteed by the United States government.
F. The earnings, interest, dividends and realized capital gains and losses from investment of a permanent fund, shall be credited to that fund.
G. The board of investment shall determine the amount of the annual distributions required by this section and allocate distributions pursuant to law. The annual distribution from the permanent funds:
2. For fiscal years 2015-2016 through 2024-2025, shall be six and nine-tenths percent of the average monthly market values of the fund for the immediately preceding five calendar years, except that in fiscal year 2015-2016, the distribution made from the permanent state school fund shall be $259,266,200.
3. Beginning with fiscal year 2025-2026, shall be two and one-half percent of the average monthly market values of the fund for the immediately preceding five calendar years.
I. On or before February 1 of each year, if the average monthly market values of the fund for the immediately preceding five calendar years have decreased compared to the average monthly market values of the fund for the five-calendar-year period that immediately precedes the preceding five calendar years, the director of the office of strategic planning and budgeting, or its successor agency, and the director of the joint legislative budget committee, or its successor agency, shall jointly notify the governor, the president of the senate and the speaker of the house of representatives that a reduction to the distribution prescribed in subsection G, paragraph 2 of this section is necessary to preserve the safety of the capital in the fund. On receipt of that notification, the legislature may enact legislation, with the approval of the governor, that reduces the distribution in subsection G, paragraph 2 of this section for the next fiscal year to at least two and one-half percent but less than six and nine-tenths percent of the average monthly market values of the fund for the immediately preceding five calendar years.
J. Any amount reduced pursuant to subsection I of this section is not required to be paid or distributed:
2. In any subsequent fiscal year.
2. The amounts from the base level reduction are not required to be paid or distributed in any subsequent fiscal year.
3. The base level reduction is not part of the calculation of the base level for subsequent fiscal years.
M. This section and article XI, section 11 of this Constitution and the terms and appropriations of house bill 2001, fifty second legislature, first special session, fully satisfy the requirements of section 15-901.01, Arizona Revised Statutes.
Art. X §8 | CONFORMITY OF CONTRACTS WITH ENABLING ACT
Art. X §9 | SALE OR LEASE; CONDITIONS; LIMITATIONS; LEASE PRIOR TO ADOPTION OF CONSTITUTION
Art. X §10 | LAWS FOR SALE OR LEASE OF STATE LANDS; PROTECTION OF RESIDENTS AND LESSEES
Art. X §11 | MAXIMUM ACREAGE ALLOWED SINGLE PURCHASER
Art. X §12 | LAND EXCHANGES; PURPOSES; NOTICE; HEARINGS; SUBMISSION TO THE VOTERS
B. The purpose of the exchange must be either:
2. To improve the management of state lands for the purpose of sale or lease or conversion to public use of state lands.
2. At least two independent analyses of the proposed exchange must be made available to the public showing:
(b) The fiscal impact of the exchange on each county, city, town and school district in which all the lands involved in the exchange are located.
(c) The physical, economic and natural resource impacts of the proposed exchange on the surrounding or directly adjacent local community and the impacts on local land uses and land use plans.
2. Public notice of the proposed exchange includes full disclosure of all details of the transaction, the ownership of all parcels of the lands involved in the exchange, including independent and ancillary parties, a legal and general description of the location of all parcels of the lands and the appraised value of all parcels of the lands.
3. Public hearings are held at the state capital and in a location of general accessibility in the vicinity of the state lands being exchanged. Notice of the time and place of the hearings must be given beginning at least six weeks before each hearing in a manner prescribed by law. During this period, a process shall be provided for public comment on the proposed exchange.
4. The exchange is approved by the qualified electors of this state in the manner of a referendum pursuant to article IV, part 1, section 1 at the next regular general election. To be approved, the proposition must receive an affirmative vote of a majority of the qualified electors voting on the measure.
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