Section 1. All lands expressly transferred and confirmed to this State by the provisions of the Enabling Act approved June 20th, 1910, and including all lands granted to this State and all the lands heretofore granted to the territory of Arizona, and all lands otherwise acquired by the State, shall be by this State accepted and held in trust to be disposed of in whole or in part, only in manner as in the said Enabling Act aforesaid and this Constitution provided, and for the several objects specified in the respective granting and confirmatory provisions. And that the natural products and money proceeds of any of said lands shall be subject to the same trusts as the lands producing the same.

Section 2. Disposition of any of said lands, or of any money or thing of value directly or indirectly derived therefrom, for any object other than for which such particular lands, or the lands from which such money or thing of value shall have been derived, were granted or confirmed, or in any manner contrary to the provisions of the said Enabling Act, shall be deemed a breach of trust.

Section 3. No mortgage or other incumbrance of the said lands, or any thereof, shall be valid in favor of any person or for any purpose or under any circumstances whatsoever. Said lands shall not be sold or leased, in whole or in part, except to the highest and best bidder at a public auction to be held at the county seat of the county wherein the lands to be affected, or the major portion thereof shall lie, notice of which public auction shall first have been duly given by advertisement, which shall set forth the nature, time and place of the transaction to be had, with a full description of the lands to be offered, and be published once each week for not less than ten successive weeks in a newspaper of general circulation published regularly at the State Capital, and in that newspaper of like circulation which shall then be regularly published nearest to the location of such lands so offered; nor shall any sale or contract for the sale of any timber or other natural product of such lands be made, save at the place, in the manner, and after the notice by publication thus provided for sales and leases of the lands themselves; Provided, that nothing herein contained shall prevent the leasing of said lands referred to in this Article, for a term of five years or less without said advertisement herein required.

Section 4. All lands, lease-holds, timber and other products of land, before being offered, shall be appraised at their true value, and no sale or other disposal thereof, shall be made for a consideration less than the value so ascertained, nor in any case less than the minimum price hereinafter fixed, nor upon credit, unless accompanied by ample security; and the legal title shall not be deemed to have passed until the consideration shall have been paid.

Section 5. No lands shall be sold for less than three dollars per acre, and no lands which are or shall be susceptible to irrigation under any projects now or hereafter completed or adopted by the United States under legislation for the reclamation of lands, or under any other project for the reclamation of lands, shall be sold at less than twenty-five dollars per acre; provided the State, at the request of the Secretary of the Interior of the United States, shall from time to time relinquish such of its lands to the United States as at any time are needed for irrigation works in connection with any such government project, and other lands in lieu thereof, shall be selected from lands of the character named and in the manner prescribed in Section Twenty-four of the said Enabling Act aforesaid.

Section 6. No lands reserved and excepted of the lands granted to this State by the United States, actually or prospectively valuable for the development of water powers or power for hydro-electric use or transmission and which shall be ascertained and designated by the Secretary of the Interior within five years after the proclamation of the President declaring the admission of this State, shall be subject to any disposition whatsoever by the State or by any officer of the State, and any conveyance or transfer of such lands made within said five years shall be absolutely null and void.

Section 7. A separate fund shall be established for each of the several objects for which the said grants are made and confirmed by the Enabling Act to the State, and whenever any moneys shall be in any manner derived from any of said lands, the same shall be deposited by the State Treasurer in the fund corresponding to the grant under which the particular land producing such moneys was, by said Enabling Act, conveyed or confirmed. No moneys shall ever be taken from one fund for deposit in any other, or for any object other than that for which the land producing the same was granted or confirmed. The State Treasurer shall keep all such moneys invested in safe, interest-bearing securities, which securities shall be approved by the Governor and Secretary of State, and shall at all times be under a good and sufficient bond or bonds conditioned for the faithful performance of his duties in regard thereto.

Section 8. Every sale, lease, conveyance or contract of, or concerning any of the lands granted or confirmed or the use thereof or the natural products thereof, made to this State by the Enabling Act, not made in substantial conformity with the provisions thereof, shall be null and void.

Section 9. All lands expressly transferred and confirmed to this state by the provisions of the Enabling Act approved June 30, 1910, including all lands granted to the state and all lands heretofore granted to the territory and all lands otherwise acquired by the state, may be immediately sold or leased by the State in the manner and on the conditions and with the limitations prescribed by the Enabling Act and this Constitution as may be prescribed by law. Provided, the legislature may provide for the separate appraisement of the land and the improvements on school and university lands which have been held under lease prior to the adoption of this Constitution, and reimbursement to the actual bona fide residents and lessees of such lands upon which such improvements are situated as prescribed by Title 65, Civil Code of Arizona, 1901, and in the cases only as permit reimbursements to lessees in said Title 65 aforesaid.

Section 10. The Legislature shall provide by proper laws for the sale, or lease of all state land and shall further provide in said laws for the protection of the actual bona fide residents and lessees of said land whereby such residents and lessees shall be protected in their rights to their improvements, including water rights, in such manner that in case of lease to other parties, the lessee shall be paid by the lessor the value of said improvements and rights, and actual bona fide residents shall have preference to renewal of their leases at a re-assessed rental, fixed as provided by law.

Section 11. No individual corporation or association shall ever be allowed to purchase or lease more than 160 acres of agricultural land or more than 640 acres of grazing land.

• Substitute Proposition Number 78 (introduced on 1910-11-26 13:30:00 - CREATE_FROM - e944204) [This document] [view current proposal at this moment]
  • Committee of the Whole's Amendments to Substitute Proposition Number 78 (introduced on 1910-11-26 13:30:00 - PROPOSE_DOCUMENT_AMENDMENT - e944224) [view current proposal at this moment]
    • None (introduced on 1910-11-26 13:30:00 - ADOPT_PROPOSAL - e944227) [view current proposal at this moment]
  • Motion to Read Substitute Proposition Number 78 a Third Time (introduced on 1910-11-26 13:30:00 - PROCEDURE - e944233) [view current proposal at this moment]
    • None (introduced on 1910-11-26 13:30:00 - ADOPT_PROPOSAL - e944234) [view current proposal at this moment]