SB1585: Military Operations; Real Estate Disclosure

Purpose

Adds military operations area to real estate disclosure provisions.

Background

Statute requires the State Real Estate Commissioner (Commissioner) to issue a public report prior to the sale of land to disclose the location of property in the vicinity of a military airport or ancillary military facility, under a military training route, under restricted air space or contained in the military electronics range and for the State Land Department (Department) to maintain maps of all military training routes statewide.

Any public report that is applicable to property located under a military training route and any in a military electronics range are required to include the following statements:

a) the property is located under a military training route or in a military electronics range;

b) the Department and the State Real Estate Department maintain military training route maps and military electronics range maps available to the public; and

c) the military training route map and military electronics range map are posted on the state real estate department’s website.

The public report also contains a disclaimer that the subdivider has no control over the military training routes as delineated in the military training route map or the timing or frequency of flights and associated levels of noise and has no control over the military electronics range and its testing and training operations.

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Defines military operations area as an area or airspace established outside Class A airspace to separate or segregate certain nonhazardous military activities from instrument flight rules traffic and to indentify visual flight rules traffic where these activities are conducted.

2. Requires any public report issued after December 31, 2011, for property located in a military operations area to include the following statements:

a) the property is located under a military operations area;

b) the Department and Real Estate Department maintain military operations area maps available to the public; and

c) the military operations map is posted on the Real Estate Department’s website.

3. Permits a public report to contain a disclaimer that the subdivider has no control over the military operations areas.

4. Stipulates that any public report, reservation document or conditional sales contract accepted are not required to be amended or reissued on or before December 31, 2011, if they are applicable to property located under a military operations area.

5. Requires the Commissioner to execute and record in the Office of the County Recorder in each county that includes land located under a military operations area, a document disclosing that the land is located in a military operations area.

6. Stipulates if a military operations area changes, the Commissioner is required to record in the Office of the County Recorder in which the property is located, a document disclosing that the land is not located under a military operations area.

7. Requires the Attorney General to prepare, in recordable form, the documents that are executed and recorded by the Commissioner.

8. Requires documents that are executed and recorded by the Commissioner to include a legal description of the military operations area.

9. Stipulates if the public report complies with statute, a subdivider is not liable to any person or governmental entity for any act or failure to act in connection with the disclosure of a military operations area.

10. Requires the Department to request mapping information for military operations areas from the United States Department of Defense and to use that information to prepare a military operations area map.

11. Requires the military operations area map to be made available in printed or electronic format to the public at the Department and at the Real Estate Department.

12. Requires the Department, within 90 days after it is notified of a change of military operations areas, to prepare a revised military operations area map.

13. Allows the Department to request information from the United States Department of Defense to assist with map revisions.

14. Requires the map to be dated and contain a statement that the map supersedes all previously dated maps.

15. Requires the Department to send the revised map to the Real Estate Department electronically and to send an accompanying letter specifying the military operations area changes.

16. Requires the Department to send the revised map and an accompanying letter specifying the military operations area changes to the municipalities affected by the changes and to all counties.

17. Requires the Department to provide legal description of the boundaries of the military operations area as delineated in the military restricted airspace map to the Real Estate Department in electronic format.

18. Makes technical and conforming changes.

19. Becomes effective from and after September 30, 2011.

Prepared by Senate Research
February 11, 2011

Introduced by: Senator Nelson

COMMITTEE ON VETERANS AND MILITARY AFFAIRS – First hearing – Tue, February 15, 9am – 11am at the Arizona State Senate – ROOM: SHR 3 (calendar link)

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