Ariz. Rev. Stat. § 32-2183.05

Current through L. 2024, ch. 202
Section 32-2183.05 - [Effective ninety-one days after adjournment] Military training route disclosure; military electronics range disclosure; military installation, range and Arizona national guard site disclosure; residential property
A. Any public report that is issued after December 31, 2004 pursuant to section 32-2183 or 32-2195.03 and that is applicable to property located under a military training route, as delineated in the military training route map prepared by the state land department pursuant to section 37-102, and any public report that is issued after December 31, 2008 and that is applicable to property located in a military electronics range as delineated in the military electronics range map prepared by the state land department pursuant to section 37-102 , and any public report that is issued after December 31, 2024 and that is applicable to property located fully or partially within a military installation's or range's or Arizona national guard site's influence area as delineated in the maps prepared by the state land department pursuant to section 37-102 , subsection H, paragraph 4, shall include the following statements:
1. The property is located under a military training route, in a military electronics range or in a military installation's or range's or Arizona national guard site's influence area.
2. The state land department and the state real estate department maintain military training route maps, military electronics range maps and military installation and range and Arizona national guard site influence area maps available to the public.
3. The military training route map, military electronics range mapand military installation and range and Arizona national guard site influence area maps are posted on the state real estate department's website.
B. The public report prescribed by subsection A of this section may contain 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, has no control over the military electronics range and its testing and training operations and has no control over the military installation's or range's or Arizona national guard site's operations.
C. For any lot reservation or conditional sale that occurs before the issuance of a public report, the disclosure statements listed in subsection A of this section shall be included within the reservation document or conditional sales contract.
D. This section does not require the amendment or reissuance of any public report issued on or before December 31, 2004 that is applicable to property located under a military training route, as delineated in the military training route map prepared by the state land department pursuant to section 37-102 or on or before December 31, 2008 that is applicable to property located in a military electronics range, as delineated in the military electronics range map prepared by the state land department pursuant to section 37-102 or on or before December 31, 2024 that is applicable to property located fully or partially within a military installation's or range's or Arizona national guard site's influence area as delineated in the map prepared by the state land department pursuant to section 37-102 subsection H, paragraph 4, or the amendment or reissuance of any reservation document or conditional sales contract accepted on or before December 31, 2004, on or before December 31, 2008 or on or before December 31, 2024.
E. Notwithstanding any other law, if the public report complies with subsection A of this section, 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 training route as delineated in the military training route map or a military electronics range as delineated in the military electronics range map or the military installation OR range or Arizona national guard site as delineated on the influence area maps.
F. This section does not require a public report issued sixty or fewer days before the filing of the military electronics range map or an influence area map prepared pursuant to section 37-102 to meet the military electronics range or military installation's or range's or Arizona national guard site's notification requirements of this section.
G. A public report issued sixty-one or more days after the filing of the military electronics range map or influence area map prepared pursuant to section 37-102 shall meet all of the requirements of subsection A of this section.

A.R.S. § 32-2183.05

Amended by L. 2024, ch. 41,s. 12, eff. ninety-one days after adjournment.
This section is set out more than once due to postponed, multiple, or conflicting amendments.