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ARIZONA STATUTES AND CODES

41-1313

41-1313. Powers and duties

A. The advocate may:

1. Research, study and analyze issues that involve or relate to or that may involve constitutional takings.

2. Prepare and present briefs and arguments, intervene or appear on behalf of private property owners in general or specific private property owners in any judicial, legislative or administrative hearing or proceeding as a party or otherwise.

3. Advise private property owners on issues involving or related to constitutional takings.

4. Employ and terminate employees, or contract for special services, as necessary to carry out this article, including legal counsel and other professional and administrative staff that are necessary to represent and advocate the interests of private property owners.

5. Conduct investigations and inquiries and assemble and present evidence to the Arizona navigable stream adjudication commission established by section 37-1121 regarding the navigability or nonnavigability of watercourses.

B. The advocate shall:

1. Notwithstanding the provisions of subsection A of this section or section 41-1312, represent the interests of only record title owners of residential, noncommercial, small business and agricultural properties before the Arizona navigable stream adjudication commission, any state agency, the legislature and any court, including in quiet title actions, regarding any issues related to state claims to the beds of watercourses or other matters provided by title 37, chapter 7.

2. Receive complaints and inquiries from private property owners regarding constitutional takings.

3. Within thirty days after the end of each calendar quarter, submit a report to the governor, the president of the senate and the speaker of the house of representatives describing the activities and accomplishments of the office.

C. The advocate's office shall record all contacts by private property owners with regard to alleged constitutional takings to determine general concerns of private property owners. The office may advise private property owners of the services available from other governmental and private agencies that may be of further assistance.

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