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HB2848 • 2026

restrictive covenants; grocery stores

HB2848 - restrictive covenants; grocery stores

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Mariana Sandoval
Last action
2026-01-26
Official status
House second read
Effective date
Not listed

Plain English Breakdown

The exact effective date is not provided in the official source material.

Grocery Store Restrictive Covenants

HB2848 makes certain restrictive covenants about grocery stores unenforceable unless specific conditions are met.

What This Bill Does

  • Makes it illegal to have a covenant or restriction that stops land from being used as a place where fresh food is sold, like a grocery store, except under specific conditions outlined in the bill.
  • Allows restrictive covenants if the seller has recently operated a similar store on the same land and plans to open another one nearby within a year, provided it meets certain criteria.

Who It Names or Affects

  • People who own or sell land where grocery stores are or were planned to be built.
  • Grocery store owners and operators.

Terms To Know

Restrictive covenant
A rule in a property agreement that limits how the land can be used.
Discontinued site
The location of a grocery store that has closed down recently.

Limits and Unknowns

  • Does not apply to covenants or restrictions made before this law goes into effect.
  • This bill is an emergency measure and will take immediate effect as per Arizona law.

Bill History

  1. 2026-01-26 House

    House second read

  2. 2026-01-22 House

    House Rules: None

  3. 2026-01-22 House

    House Commerce: None

  4. 2026-01-22 House

    House first read

Official Summary Text

HB2848 - restrictive covenants; grocery stores

Current Bill Text

Read the full stored bill text 
HB2848 - 572R - I Ver

REFERENCE TITLE:
restrictive covenants; grocery stores

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2848

Introduced by

Representative
Sandoval

AN
ACT

amending title 33, chapter 4, article 4, Arizona
Revised Statutes, by adding section 33-459; relating to property conveyances.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 33, chapter 4, article 4,
Arizona Revised Statutes, is amended by adding section 33-459, to read:

START_STATUTE
33-459.

Restrictive covenants related to grocery stores; prohibition;
exception; applicability; definitions

A. A covenant or restriction relating
to the use of land that is designated as a retail establishment where fresh
food is regularly and customarily sold in a bona fide manner for off-premises
consumption, including GROCERY stores and supermarkets, is void and
unenforceable except as provided in subsection B of this section.

B. Subsection A of this section does
not apply if all of the following conditions are met:

1. The land that is subject to the
covenant or restriction has been used by the seller within the six-month
period before the date of the covenant or restriction for the operation of a
retail establishment for the sale of fresh food for off-premises consumption,
including a grocery store or supermarket.

2. The seller has identified and
purchased land to be used for the operation of a new retail establishment for
the sale of fresh food for off-premises consumption, including a grocery store
or supermarket.

3. The relocated store is similar in
size and scope of products sold as the retail establishment on the discontinued
site.

4. The relocated store is located
within one-half mile of the discontinued site.

5. The relocation and commencement of
operations of the relocated store occur within one year after the retail
establishment closes on the discontinued site.

6. The covenant or restriction
imposed on the discontinued site has a term that is less than eighteen months after
the date that the retail establishment closes on the discontinued site.

C. This section does not apply to a
covenant or restriction or other agreement that is entered into before the
effective date of this section.

D. For the purposes of this section:

1. "Discontinued site"
means the land described in subsection B, paragraph 1 of this section.

2. "Relocated store" means
the land and the new retail establishment described in subsection B, paragraph
2 of this section.
END_STATUTE

Sec. 2.
Emergency

This act is an emergency measure that
is necessary to preserve the public peace, health or safety and is operative
immediately as provided by law.