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Arizona Secondary & Practice Materials

INTRODUCTION - REAL ESTATE LAW

Real estate law governs buying, selling, and using land.  It addresses how people acquire property and what they can do with the property they own.  Fixtures that are permanently on land, such as buildings or other large structures fall within real estate law.  Areas of real estate law include deeds, titles, purchase financing, zoning, taxes, and estate planning. You may hear real estate law also called real property law. 

CONSTRUCTION LAW

Arizona Construction Law -- (State Bar of Arizona, 2d ed.) (KFA2675.H67 1994 & 2020 cum. supp.). Addresses Arizona laws affecting contractors, subcontractors, architects, engineers, developers, builders, lenders, sureties, and others involved in the construction process. Topical chapters begin with a summary overview and are keyed to appropriate parts of the text. Includes Appendix of forms, table of authorities, and subject index. 

Arizona Construction Law Practice Manual -- (State Bar of Arizona, 3d ed.) (KFA2675.A974 2016). Two-volume publication is a definitive guide to Arizona construction law, including business basics, bidding and contract formation, issues in construction law, getting paid, mediation, arbitration, litigation, Registrar of Contractors, ethics, and important case law. 

Arizona Construction Law: A Survey of Significant Recent Developments -- (State Bar of Arizona) (KFA2675.A752 2016). Coverage includes discussion of Arizona's Design Professional Prompt Pay Act, changes to the Purchaser Dwelling Act, using the new "commercial court" to resolve construction cases, recent developments in arbitration, notice requirements for perfecting Arizona statutory payment bond claims, damage remedies for breached contracts, economic loss doctrine, and the ever-changing world of eDiscovery. Includes analysis of recent key Arizona cases. 

Construction Lien Law in Arizona -- (State Bar of Arizona, 2d ed.) (KFA2675.B57 2005). Provides an introduction to construction liens, including who may file a lien and for what, preserving and perfecting construction lien rights, common pitfalls, Arizona's stop notice law, and Arizona's prompt payment law. Includes an index to construction law forms. 

The Regulation of Arizona Contractors: Practice and Procedure Before the Arizona Registrar of Contractors and the Office of Administrative Hearings -- (Gary Michael Smith, 2d ed.) (KFA2675.S55 2015). Commonly referred to as the "Orange Book." Covers topics from the regulatory power of the Registrar of Contracts through administrative appeal before the Arizona Superior Courts. Provides complete text of Arizona contractor statutes and Arizona contractor Administrative Code. Includes ips on how to conduct discovery before the OAHP on the "unwritten rules" and on how to acquire and protect a contractor's license. Contains flow charts, annotations, citations to relevant case law, and appendices. 

Warranties on Construction Projects: An In-Depth Look at Cutting Edge Issues -- (State Bar of Arizona) (KFA2555.8.B8 W37 2014). Explores construction project warranties, including express contractual warranties, those imposed by the Arizona Registrar of Contractors, implied warranties, contractual waivers, manufacturer and supplier warranties and more. 

EMINENT DOMAIN

Eminent Domain in Arizona -- (State Bar of Arizona, 3d ed.) (KFA2850.K47 2013). Overview of all topics, including a breakdown of definitions, forms, jury instructions, condemnation case work flow chart, glossary, table of authorities, and index. 

ENVIRONMENTAL LAW

Arizona Department of Environmental Quality -- The ADEQ website, which includes relevant Arizona environmental laws, rules, and policies. 

Arizona Environmental Law Manual -- (State Bar of Arizona) (KFA2754.A965 1995). Manual focusing on environmental law, natural resources, and legislation in Arizona. 

FORECLOSURE

The Coming Commercial Real Estate Storm -- (State Bar of Arizona) (KFA2526.C66 2010). Manual addresses economic outlook and factors driving real estate loan defaults, fast-and-easy lending and bad borrowers, monetary and non-monetary defaults, negotiation strategies to work out options, appointment of a receiver, foreclosure, bankruptcy, and guarantor issues. Includes appendices and forms. 

Dealing with Distressed Residential Properties: Helping Clients Navigate Foreclosures, Short Sales, and Loan Modifications -- (State Bar of Arizona) (KFA2514.A1 D43 2013). Manual covers assessing goals and choosing a strategy to deal with the ins and outs of foreclosure. Includes process and implications of short sales, recent developments and others factors in loan modifications, plus programs and relevant practical matters. 

The Ins and Outs of Foreclosures -- (State Bar of Arizona, 3d ed.) (KFA2530.5.F6 I67 2010). A basic guide to foreclosure laws and process in Arizona.

The Never-Ending Real Estate Storm: Anti-deficiency, Short Sales, and Bankruptcy Strategies to Keep Your Clients Dry -- (State Bar of Arizona) (KFA2514.A1 N38 2012). Publication discusses Arizona deficiency statutes and their application, loan modification and short sales, lien stripping, and strategies. Includes forms. 

LAND USE & ZONING LAW

Arizona Land Use Law -- (State Bar of Arizona, 8th ed.) (KFA2858.J675 2021). A guide to Arizona land use and zoning laws. Includes background of zoning, authority to zone, general and specific plans, adoption and amendment of zoning ordinances, construction of zoning regulation, regulation of specific uses and subjects, nonconforming uses, vested rights, zoning adjustments, subdivision regulation, development fees, and state urban lands and self-contained communities act. Includes table of authorities and land use words and phrases. 

Community Association Law in Arizona -- (State Bar of Arizona, 6th ed.) (KFA2514.C6 C37 2019). A one-stop resource that provides information on condos, planned communities, nonprofit corporations, common law rules, and statutory exceptions to Board Association Power. Includes appendices and a subject index. 

LANDLORD-TENANT LAW

Arizona's Landlord's Deskbook -- (Carlton C. Casler, 6th ed.) (KFA2517.Z9 C37 2012). Latest edition of Carlton C. Casler's guide on Arizona landlord and tenant law. Geared to landlords, property managers, and real estate professionals, the volumes includes the full text of the Arizona Residential Landlord and Tenant Act and forcible detainer statutes. Guide provides information on rental agreements, Federal Debt Collection Practices Act, the required Arizona pool disclosure, the federal required lead-based paint disclosure, and the American with Disability Act. Flowcharts, a quick reference section, and forms included. 

Evictions and Landlord/Tenant Law in Arizona -- (National Business Institute) (KFA2517.Z9 H85 2000). NBI publication coverage includes planning ahead to avoid tenant problems, notice to quit, evictions, what defenses does a tenant have, ethical considerations for attorneys, special landlord/tenant issues, the Slumlord Act, and forms. 

REAL ESTATE GENERALLY

Arizona Property Tax Liens: Guide to Profit, Protection & Prosecution -- (Mark Manoil) (KFA2879.8.F58 M36 2002).

Arizona Real Estate: A Professional's Guide to Law & Practice -- (Arizona Assoc. of Realtors) (KFA2682.R4 L56 2006). Includes forms, index.

Arizona Real Estate Law: Answers to Common Legal Questions -- (Jones Osborn) (KFA2512.A47 2003). Arizona real property and real estate laws. 

Boundary Law in Arizona -- (National Business Institute) (KFA2523.B6B68 2001). Covers land surveying; unresolved boundaries; unwritten title transfers; resolution of disputes; water boundaries (what are your rights/liabilities); ethics; and handling right-of-way problems.

Commercial Leasing: Handling Common Client Issues -- (National Business Institute) (KFA2517.3 C66 2007). Topics include common issues in commercial real estate leases; economics of the lease; negotiating and drafting environmental provisions; impact of bankruptcy on a real estate lease; and ethics in real estate leasing.

Developing & Operating Planned Communities & Condominiums in Arizona -- (National Business Institute) (KFA2514.C6 M39 2006). Covers creating, entitling, developing, and operating the planned community and condominium.

Nuts & Bolts of Land Ownership, Deeds and Title Insurance -- (State Bar of Arizona) (KFA2514.A1 N88 2014). Part of the Arizona State Bar's introductory Commercial Real Estate Practice Series, which covers covers real property practice for new lawyers and those new to the practice area. Coverage of the basics of land ownership, deeds, and title insurance, including recording acts, the seller's title, land descriptions, types of deeds, and an overview of the title insurance policy. 

Nuts & Bolts of Purchase and Sale Agreements -- (State Bar of Arizona) (KF2526.A73 N88 2013). Part of the Arizona State Bar's introductory Commercial Real Estate Practice Series, which covers real property practice for new lawyers and those new to the practice area. Includes negotiating and drafting real estate purchase and sale agreements, underlying legal principles and issues in these transactions, and the lawyer's role in assisting with the due diligence investigation and closing the transaction. 

Real Estate Law Track - Real Estate Rollercoaster: Strategies in a Turbulent Economy with Fluctuating Resources -- (State Bar of Arizona) (KFA2512.R43 2023). Manual for three-day CLE by the Sea covers development and entitlements; analysis of the 2021 American Land and Title Association (ALTA) title policies; real estate finance; securities law compliance overview; private investment vehicles for real estate development; impact of fluctuating interest rates and valuations on real estate bankruptcy cases; 2023 legislative update and current status of Arizona's homestead exemption; acceleration and deceleration; Arizona's commercial real estate receivership act; HOA legal trends in the era of the Calabria Ranch case; litigation considerations for real estate practitioners; generative AI for real estate lawyers; water law update for developers; opportunities, nuances, and challenges with solar and wind facilities; and negotiating real estate transactions on Tribal lands.

WATER RIGHTS LAW

Arizona Water Law -- (Water Law Institute/CLE International) (KFA2846.A75 A753 2013). Proceedings of conference on Arizona water law held in Phoenix, Arizona. Includes update on the Colorado river, future EPA regulation, federal reserved water rights, the White Mountain settlement, water law relationships, navigability for title issues in Arizona, evolving water policy in a zero sum world, and the emergency of water reallocation and trading. Loose-leaf volume with bibliographical references. Prior conference proceedings available for 2012, 2011, 2009, 2007, 2004 and earlier. 

Arizona Water Policy Revisited -- (Arizona Policy Forum) (KFA2846.175 2013). Yavapai County Water Advisory Committee summer water public policy issue forum.

Boundary Law in Arizona -- (National Business Institute) (KFA2523.B6B68 2001). Covers land surveying; unresolved boundaries; unwritten title transfers; resolution of disputes; water boundaries (what are your rights/liabilities); ethics; and handling right-of-way problems.

Fundamentals of Water Law in Arizona: Protecting Water Rights, Use and Quality -- (National Business Institute) (KFA2846.F86). NBI publication provides basic overview of water rights, use, and pollution in Arizona. 

The Law of the River: A Summary of Laws and Treaties Affecting the Use of Colorado River Water -- (Arizona Department of Water Resources) (KFA5590.C6 L386 2004). Publication from the Arizona Department of Water Resources' Colorado River Management Section provides a brief summary of the history of the Colorado River and relevant laws and treaties, as well as each law, decree, treaty, etc. that impacts the use of Colorado River water. Originally published in 2000, it was updated in 2004.