PARK LAND DISPOSAL POLICY AND PROCEDURE (A2610).PDF

MARICOPA COUNTY INTERNAL POLICY
Policy Title: Policy Number: A2610
PARK LAND DISPOSAL POLICY AND Current Adoption
Date:
PROCEDURE
Current
Implementation Date:
Board Agenda
Approved by: Number:
BOARD OF SUPERVISORS Original Adoption
Date: 04-21-1993
I. PURPOSE
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.
II. POLICY
A. 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 Department (or its equivalent).
2. Upon written receipt of such a proposal by the Parks and Recreation Department
or initiation, in writing, of such a proposal by the County through its Parks and
Recreation 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

Policy Title: Policy Number: A2610
PARK LAND DISPOSAL POLICY AND
Current Adoption
PROCEDURE Date:
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.
B. Special Provisions
1. The provisions of Section A above shall not apply to the following:
a. When the disposal of County park lands is to another political subdivision which
will result in that entity continuing to maintain and operate the premises for
public park and recreation purposes.
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.
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.
2. Under the circumstances of subsections a, b or c 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
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Policy Title: Policy Number: A2610
PARK LAND DISPOSAL POLICY AND
Current Adoption
PROCEDURE Date:
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.
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.
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.
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.
C. Granting of Easements
1. The following policy shall apply to requests for easements upon park lands for
roads, canals, pipelines, power lines, etc.:
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.
b. All easements must comply with Park standards and park-approved plans for
construction and operation.
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.
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
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Policy Title: Policy Number: A2610
PARK LAND DISPOSAL POLICY AND
Current Adoption
PROCEDURE
Date:
required by A.R.S. § 11-251(9) and any other applicable laws, rules regulations or
ordinances.
D. 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.
Revision History
Version Revision Date Description of Revision
1 04-21-1993 Initial version.
2 01-08-1997 Revision to include a requirement for an independent appraisal to determine
that consideration given in any exchange equals or exceeds the value of the
park land. (C-30-97-017-6-00)
3 10-10-2018 Revision to exclude easements for utilities for the benefit or support of park
lands consistent with approved park master plans.
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