9-1132. Procedure to establish right of preference
405 words·~2 min read·
/az/title-9/9-1132A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Notwithstanding any other provision of law, a person who, together with the person's predecessors in interest, for a period of five years immediately preceding the application provided for in this article, has been in actual or constructive possession of and paid taxes on a parcel of land included within a townsite entered before February 14, 1912, may purchase the title or claim to the parcel of land that the trustee could, at the time of the application assert or convey under any other provision of law by making an application for the parcel of land to the trustee.
B. The application shall contain a detailed statement under oath as to possession of the parcel and payment of taxes on the parcel and shall be accompanied by a filing fee of $1 for the application and an additional $5 as the purchase price for each parcel of land described by the application, which shall be returned in event of final determination that the applicant is not entitled to a deed. All contiguous lots or portions of lots included in a single application shall be deemed to be one parcel of land.
C. On filing the application, the trustee shall conduct a hearing on the application and shall give notice thereof by publication in the same manner as provided in section 9-1131, and on the hearing the trustee shall take evidence on the applicant's right of preference. If the trustee finds the applicant and the applicant's predecessors in interest have held possession of the land for five years immediately before filing the application and have paid taxes on the land for a period of five years immediately before filing the application, the trustee shall execute and deliver the trustee's deed to the applicant, conveying the parcel or parcels described in the application, on the applicant paying to the trustee the applicant's proportionate share of the cost of advertising as determined by the trustee.
D. If the application is denied or if conflicting applications are filed with the trustee on or before the date of the hearing, the trustee shall proceed no further and the applicant, within ten days after denial or the date set for the hearing, may bring an action in the superior court against the trustee and any other applicant to determine the applicant's right to a deed. No parcel of land embraced in such action shall be sold until the action is determined.