Grazing Lease Defaults & Trespass

Trespass, as it pertains to State Trust land, is defined by Arizona Revised Statutes § 37-501. The penalties for such trespass are contained in A.R.S. § 37-502. Trespass occurs when there is no lease, permit or authorization from the Land Department for that activity. In a grazing scenario livestock trespass occurs when a person grazes his livestock on State Trust land for which he has no lease, permit or authorization to graze.

Defaults occur when a person who does have a valid Land Department lease or permit violates the terms and conditions of that lease or permit. If the default is not cured the lease can be cancelled.

The State Land Commissioner may require the lessee to waive any right to cure future defaults of the same type. This waiver is usually required on the second default. If a third default of the same type were to occur the lease would then automatically be cancelled.

The three most common lease defaults for grazing leases are:

exceeding the authorized carrying capacity of the lease,

unauthorized range improvements, and

unauthorized subleases and pasture agreements.