32-2117. Earth fissure maps; posting;
immunity
A. On receipt of maps from the state land department, the department of real estate
shall provide any earth fissure map to any member of the public in printed or electronic
format on request and provide access on its web site to the earth fissure maps prepared
by the state land department pursuant to section 37-173, paragraph 11. The following
notice shall be displayed below each map:
Notice
The state of Arizona has made a reasonable effort to ensure the accuracy of this map
when it was produced, but errors may be present and the state of Arizona does
not guarantee its accuracy. The map supplements, and is not a substitute for,
a professional inspection of property for defects and conditions.
B. Nothing in this section shall be construed as denying a person rights guaranteed
by the Arizona Constitution, and notwithstanding any other law, a subdivider, owner or
licensee is not liable to any person or governmental entity for any act or failure to act
in connection with:
1. The disclosure of real estate subject to earth fissures if the subdivider, owner
or licensee provides a written disclosure or includes notice in a public report, issued
pursuant to section 32-2183 or 32-2195.03, with respect to real estate subject to earth
fissures, of the map and web site described in subsection A of this section. The written
disclosure or notice in a public report, issued pursuant to section 32-2183 or
32-2195.03, of the map and web site does not create an independent cause of action.
2. Any disclosure that occurred before the date the map described in subsection A
of this section is posted on the web site if the subdivider, owner or licensee had no
actual knowledge that the land was subject to earth fissures before the map was posted.
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