28-6803. Application approval or rejection; effective date; franchise term and reversion

257 words·~1 min read·/az/title-28/28-6803

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. If it appears to the board of supervisors that the public interest will be promoted by the application provided in section 28-6802, it may grant the application in whole or in part or as revised.

B. The board of supervisors shall not grant an application if any of the following applies:

1. The highway commission files with the board of supervisors a written statement that the proposed toll road will interfere with an existing or proposed state highway or state route.

2. The proposed toll road will interfere with an existing or contemplated county highway.

3. The proposed toll road will be converted from a publicly funded or maintained street or highway. This paragraph does not apply if the applicant is an airport as defined in section 28-8461.

C. An order granting an application is not effective until a copy of the order and an engineer's plat of the road approved in writing by the board of supervisors is filed with the county recorder within thirty days after the date the order is made.

D. A franchise for a toll road shall not be granted for a term of more than ten years, subject to the right of extension for one additional period of not more than ten years.

E. On expiration or forfeiture of a toll road franchise:

1. The ownership and all rights and privileges appurtenant to the ownership vest in the county or counties in which it is located.

2. The board of supervisors may declare it a free highway or collect tolls.