Arizona Laws 28-7047
A. This state or a political subdivision of this state shall not construct, lay out, open or establish a street, road or highway through a designated mountain preserve unless the construction of the street, road or highway is approved by a majority of the electors of a charter city voting on the matter.
Terms Used In Arizona Laws 28-7047
- highway: means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel. See Arizona Laws 28-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: includes both real and personal property. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
- State highway: means a state route or portion of a state route that is accepted and designated by the board as a state highway and that is maintained by the state. See Arizona Laws 28-101
- State route: means a right-of-way whether actually used as a highway or not that is designated by the board as a location for the construction of a state highway. See Arizona Laws 28-101
B. This section does not apply to a state route that is proposed to be constructed within a designated mountain preserve and that is in the state highway system on August 15, 1990.
C. For the purposes of this section, "designated mountain preserve" means individual parcels of real property that are within a charter city, that have been designated as a whole as a mountain preserve and that have been accumulated or designated through any of the following methods:
1. Real property that is owned by a charter city and that is located within a generally recognized mountain preserve area.
2. Real property purchased by a charter city in whole or in part for the purpose of including the real property within a mountain preserve with the proceeds of general obligation bonds issued by the charter city.
3. Real property designated by ordinance to be a part of a mountain preserve by the city council of a charter city.