REDLINED REVISIONS TO PARK LAND DISPOSAL POLICY C-30-97-017-6-00.PDF

PARK LAND DISPOSAL POLICY AND PROCEDURE
C-30-97-017-6-
A. General Policy
As a general policy, the County will not approve of the disposal of park lands held
in any capacity by the County, believing that park lands should be held in
perpetuity. However, in the event that such a disposal is proposed, disposal of
park land will not proceed without public hearings by both the County Parks and
Recreation Commission and the County Board of Supervisors as provided by law
and this Policy.
B. Procedure
In no event shall any real property within the County Park System be sold, traded
or otherwise alienated, exchanged or deleted from the County Park System without
first conducting public hearings as follows:
1. Any proposal to sell, trade, exchange, alienate or delete land from the County
Parks system, whether such property is held in fee, by easement, by private
donation with a reversionary clause, was acquired through the Recreation and
Public Purposes Act or other such program which provides for a reverter to the
Federal Government, or managed through a lease or other such agreement,
must first be referred to the County Parks and Recreation Commission
(Commission) through the Parks and Recreation Services Department (or its
equivalent).
2. Upon written receipt of such a proposal by the Parks and Recreation Services
Department or initiation, in writing, of such a proposal by the County through
its Parks and Recreation Services Department, the matter will be placed on the
next agenda for the Commission at which time the Commission will set the
proposed transaction for public hearing before the Commission, or a duly
appointed sub-committee thereof, after a minimum of 30 days public notice by
publication pursuant to A.R.S. § 39-204.
3. There shall be a minimum of two public hearings on the proposal, at least one
of which shall be in a community near the Park containing the lands which are
the subject of the request for status change. Such public hearings shall be held
no less than 45 days nor more than 120 days from the date the Commission
first acted on the matter as set forth above. The Commission may set additional
public hearings as it deems necessary. If more than one Park is involved,
public hearings shall be held in communities near each affected Park.
4. Following conclusion of the public hearings the Commission, upon formal
action, shall prepare and forward a summary of its findings and a
recommendation to the County Board of Supervisors within 90 days.

5. Upon receipt of the Commission’s findings and recommendations, the Board of
Supervisors shall conduct a public hearing on the Commission’s findings and
recommendation pursuant to A.R.S. § 11-251(9)(44) or A.R.S. § 39-204 and
any other applicable statutory requirements after at least 30 days public notice
by publication.
6. The value received, whether money, land or other considerations shall be
greater than or equal to the park lands given as determined by an independent
appraisal conducted or directed by the County.
7. Results of the disposal must serve the present and long-range Park plan,
mission, needs and objectives of the individual park or parks and of the County
Park System as a whole as they relate to public use and the public trust.
C. Special Provisions
1. The provisions of Section B above shall not apply to the following:
1.a. When the disposal of County park lands is to another political
subdivision which will result in that entity continuing to maintain and operated
the premises for public park and recreation purposes.
2.b. When reconfiguration of park lands due to rights-of-way or other
circumstances results in an uneconomic remainder or isolated parcel, no
longer suitable for public park and recreation purposes.
3.c. When the use for which the land was acquired is no longer feasible
and no other public park and recreation purpose can be realized.
4.2. Under the circumstances of subsections a1, b2 or c3 above, one public
hearing shall be held either in the vicinity of the Park involved or at or near the
regular meeting place of the Commission. Said hearing shall be held after 30
days’ notice to the public pursuant to A.R.S. § 39-204. If, as a result of that
public hearing, a majority of the members of the Commission present at a formal
meeting finds that circumstances warrant further public hearings, such hearings
shall be set by the Commission.
5.3. At the conclusion of the public hearing process, the Commission, upon
formal action, shall prepare and forward a summary of its findings and a
recommendation to the County Board of Supervisors within 45 days.
6.4. Upon receipt the Commission’s findings and recommendation, the Board of
Supervisors shall conduct a public hearing pursuant to A.R.S. § 11-251(9) (44)
or A.R.S. § 39-204 and any other statutory requirements.
7.5. Deeds or other agreements for land conveyed under subsection “1” above
shall contain a clause requiring reversion to the County or other appropriate
governmental entity if the land is no longer used for public park and recreation
purposes or used contrary to any other provisions in the deed or agreement.

D. Granting of Easements
1. The following policy shall apply to requests for easements upon park lands for
roads, canals, pipelines, power lines, etc.:
1.a. Easements requested for private or public use or benefit, which are
not in conflict with Park policy, require the public hearing procedures of
Section B above.
2.b. All easements must comply with Park standards and park-approved
plans for construction and operation.
3.c. Easements shall contain provisions permitting cancellation for
violation of park rules or park protection measures or when the purpose for
which the easement was granted no longer exists.
d. Proceeds from easements shall be deposited in the County Parks Operation
and Enhancement Fund pursuant to A.R.S. § 11-941 as provided in Section
E below.
4.2. This policy does not apply to easements required to provide utilities for the
benefit or support of park lands consistent with approved park master plans.
Easements granted under this exception shall remain subject to the procedures
and approvals required by A.R.S. § 11-251(9) and any other applicable laws,
rules regulations or ordinances.
E. Proceeds From Disposal
If any disposition of park property or interests in cash proceeds to the County, such
proceeds shall be deposited in the County Parks Operation and Enhancement
Fund pursuant to A.R.S. § 11-941, for future park acquisition, expansion,
enhancement or development.
EFFECTIVE AS OF THE DAY ADOPTED BY THE BOARD OF SUPERVISORS THESE
POLICIES SHALL REPLACE OR SUPERSEDE THE FORMER PARK LAND DISPOSAL
POLICY ADOPTED APRIL 21, 1993 AND ANY OTHER PREVIOUSLY ADOPTED
POLICIES OR REGULATIONS THAT WOULD OTHERWISE BE IN DIRECT CONFLICT
WITH THESE POLICIES AND PROCEDURES.
Approved by BOS 1/8/97
S:\Policy Manual\Current Approved Policies\Land Disposal Policy.doc