HB 2116 — limitations of actions; dedicated property

HB2116 - 532R - IH Ver       REFERENCEHouse TITLE:Engrossed       State of Arizona House of Representatives Fifty-third Legislature Second Regular Session     HOUSE BILL 2116       AN ACT   amending section 12‑552, Arizona Revised Statutes;

limitations of actions;

dedicated property       State of Arizona House of Representatives Fifty-third Legislature Second Regular Session     HB 2116   Introduced by Representative Kern     AN ACT   amending section 12‑552, Arizona Revised Statutes;

B.  Notwithstanding any other statute, a municipality or a county may not institute or maintain an action or arbitration that is based on a permit that is required as a condition of development or a municipal or county code, ordinance or other legal requirement against a person who develops or develops and sells real property,property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, construction or observation of construction of an improvement to real property that is dedicated to the municipality or county more than eight years after substantialfinal completion of the improvement to real property.property if the action or arbitration is based on either:

B.  C.  Notwithstanding1.  A subsectionmunicipal A or Bcounty ofcode, thisordinance section, in the case of injury to real property or another improvementlegal torequirement. real property, if the injury occurred during the eighth year after the substantial completion,  or, in the case of a latent defect, was not discovered until the eighth year after substantial completion, an action to recover damages for injury to the real property may be brought within one year after the date on which the injury to real property or an improvement to real property occurred or a latent defect was discovered, but in no event may an action  may not be brought more than nine years after the substantial completion of the improvement.

2.  A permit that is required as a condition of development.

For the purposes of this subsection, an improvement to real property is considered finally complete when the improvement is fully completed in accordance with the written plans and specifications that are required by the municipality or county and is accepted by the municipality or county for ownership, operation and maintenance.

B.  C.  Notwithstanding subsection A or B of this section, in the case of injury to real property or an improvement to real property, if the injury occurred during the eighth year after the substantial completion,  or, in the case of a latent defect, was not discovered until the eighth year after substantial completion, an action to recover damages for injury to the real property may be brought within one year after the date on which the injury to real property or an improvement to real property occurred or a latent defect was discovered, but in no event may an action may not be brought more than nine years after the substantial completion of the improvement.

E.  F.  For the purposes of subsections A, B,B and C and D of this section, an improvement to real property is considered substantially complete when any of the following first occurs:

4.  It is first used by the public.