HB 2009
Initials EB/BSR Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: LARA DP 5-4-0-0
HB 2009: subdivisions; acting in concert
Sponsor: Representative Griffin, LD 19
House Engrossed
Overview
Specifies that it unlawful for a person to attempt to avoid statutory requirements related to
subdivision of lands by acting in concert to divide within a 10-year period a parcel of land or
lease or sell six or more subdivision lots by using a series of owners or conveyances or any
other methods.
History
Currently, a county board of supervisors (BOS) may adopt land division ordinances to split a
parcel of land into five or fewer lots, parcels or fractional interests, each of which is 10 acres
or smaller. A land division application may be approved if certain statutory requirements are
met. If an application does not comply with the requirements, the application may still be
approved if the applicant confirms that no building or use permit will be issued until the lot,
parcel or fractional interest complies with all statutory requirements. A BOS may also grant
a variance to any of the requirements (A.R.S. § 11-831).
Statute expressly prohibits a person or group of persons acting in concert to attempt to avoid
the land division or subdivision laws by acting in concert to divide a parcel of land into six or
more lots or lease or sell subdivided lots by using a series of owners or conveyances. Either
the county where the division occurred or the Arizona Department of Real Estate, but not
both, can enforce this prohibition. Unlawful acting in concert, with respect to the sale or lease
of subdivided lots, requires proof that the real estate licensee or other licensed professional
knew or should have known that property which the licensee listed or acted in any capacity
as agent was subdivided land. A familial relationship alone is not sufficient to constitute
unlawful acting in concert (A.R.S. §§ 11-831, 32-2181).
Provisions
1. Requires an application to split a parcel of land to be approved if the applicant signs an
affidavit acknowledging that it is unlawful to divide within a 10-year period a parcel of
land into six or more lots or parcels. (Sec. 1)
2. Specifies that it is unlawful for a person or group of persons acting in concert to attempt
to avoid the land division or subdivision laws by dividing within a 10-year period a parcel
of land into six or more lots or lease or sell subdivided lots by using a series of owners or
conveyances or by any other method to divide the lands. (Sec. 1 and 2)
3. Makes technical changes. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note